IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 MACA.No. 737 of 2008(A) ------------------------------- OPMV.600/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): PETITIONER: ---------------------------------- SUDHEEP, S/O.GANGADHARAN, KOLATTU HOUSE, KARIMKUNNAM P.O., THODUPUZHA REPRESENTED BY HIS POWER-OF-ATTORNEY AND BROTHER SUNIL OF DO, DO. BY ADV. SRI.V.K.SUNIL RESPONDENT(S): RESPONDENTS: --------------------------------------- 1. BIJU MYLADI, S/O.RAMAN PILLAI, MYLADIYIL HOUSE, PURAPPUZHA P.O., THODUPUZHA. 2. MURALEEDHARAN K.V., KOCHUVEETTIL HOUSE, KANJIRAMATTOM P.O., THODUPUZHA EAST. 3. NATIONAL INSURANCE COMPANY LTD., BRANCH MANAGER, THODUPUZHA. ADV. SMT.SARAH SALVY FOR R3 SRI.TITUS MANI FOR R1 & R2 SRI.S.SURAJ (PALATHANATHU) FOR R1 & R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 737 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of January, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)600/03. The claimant, a cleaner by profession aged 23 years sustained injuries in a road accident. According to him while he was unloading goods from a mini lorry due to the negligent movement of the vehicle by the driver he fell down from the top of the lorry and sustained injuries. The Tribunal found that the claimant is entitled to a compensation of Rs.42,700/- and directed respondents 1 and 2 to pay the amount. It is against that decision the claimant has come up in appeal (1) challenging the quantum and (2) challenging the exoneration of the liability of the insurance company. 2. So far as the quantum is concerned I had perused the award and it is seen that he had sustained a displaced fracture of left greater trochanter and he had undergone treatment expending Rs.16,160/- as medical expenses. M.A.C.A. 737 OF 2008 -:2:- There is nothing to reveal that he had sustained any permanent disability. The Tribunal considered his income at Rs.2,000/- and awarded three months loss of earnings. It granted the entire medical expenses. It also awarded Rs.10,000/- towards pain and sufferings and even in the absence of any disability certificate granted Rs.6,000/- towards loss of amenities and enjoyment in life. The Tribunal also granted a reasonable amount for transportation expenses, extra nourishment and bystander's expenses. I do not find that the Tribunal has erred in fixing the quantum and so the compensation awarded is only reasonable which does not call for any interference. 3. So far as the exoneration of the liability of the insurance company is concerned it is seen that the claimant was a cleaner. He can be only a cleaner in the vehicle in which he was moving. Now a case is attempted to be projected that he was a cleaner of PW3 and on the eventful day he was travelling in this lorry as a cleaner and after unloading the goods when he was about to alight the lorry M.A.C.A. 737 OF 2008 -:3:- was moved which resulted in the fall and sustainment of injuries. It is very difficult to digest the contention that a person can be a cleaner of one person and representative of the owner of goods of another person. The Tribunal has analysed all materials only correctly and had arrived at a decision that he was only the cleaner of the lorry which got involved and therefore it did not accept the contention that he was accompanying the goods as representative of the owner of the goods. Therefore I do not find any merit in this appeal and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-