IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 MACA.No. 1953 of 2010() ----------------------------------- OP(MV)NO. .243/2008 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): PETITIONER ------------------------------------------ THOMAS, S/O. SCARIA, AGED 51 YEARS, MUTHUPLACKAL HOUSE, THALANADU KARA, THEEKOY, KOTTAYAM. BY ADV. SRI.MANUEL KACHIRAMATTAM SMT.MERRY GEORGE RESPONDENT(S)/ RESPONDENTS --------------------------------------------------- 1. DASHRATH ZENEME, S/O.DEDASO, SAJWAD, TAL-PHATTOM.P.O., SATHARA DIST. MAHARASHTRA STATE-415 001. 2. SAMPAL NARAYAN CHOPADE, S/O.NARAYAN CHOPADE, AP-NIREWADI, RAVADI.P.O., B.K. TAL-PHATTON, SATHARA DIST. MAHARASHTRA STATE, PIN-4150 01. 3. THE DIVISIONAL MANAGER, THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, GEETHA TRADE CENTRE, NAGAMPADOM, MC ROAD, KOTTAYAM-686 001. R3 BY ADV. SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1953 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 3rd day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.243 of 2008 of the Motor Accidents Claims Tribunal, Pala. In this appeal he challenges the judgment and award of the Tribunal dated November 20, 2009 awarding a compensation of Rs.45,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident occurred on September 24, 2007 at about 6.15 p.m. near Vazhakulam. While the claimant was driving a car bearing registration No.KL-35/2767 along Thodupuzha – Moovattupuzha public road, a lorry bearing registration No.MH-11/M-6303, driven by the 1st respondent, came from the opposite direction and dashed against the car, as a result of which the claimant sustained serious injuries. Alleging negligence against the 1st respondent driver of the offending lorry, the claimant filed the O.P. under section 166 of the Motor Vehicles Act, MACA 1953/2010 2 claiming a compensation of Rs. 1,36,000/-. 3. Respondents 1 and 2, owner and driver of the offending lorry, remained absent before the Tribunal. The third respondent, insurer of the offending lorry, filed a written statement admitting the policy but contended that the 2nd respondent driver of the lorry has no valid driving licence at the time of the accident. 4. Exts. A1 to A6 were marked on the side of the claimant. No evidence was adduced by the respondents. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.45,000/- with interest at the rate of 7.5% p.a. from the date of petition till realization. The claimant has come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the appellant and the learned counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the second respondent, driver of the MACA 1953/2010 3 offending lorry, is not seriously challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 7. The claimant sustained contusion on nose, bleeding from nose, contusion on right shoulder, right ankle and abrasions. X-ray showed fracture on surgical neck of right humerus, fracture of nasal bone, trimalleolar comminuted fracture of right ankle. 8. The Tribunal awarded a total compensation of Rs.45,000/-. Break up of the compensation awarded is as under:- Loss of earning : Rs. 9,000 Bystander expenses : Rs. 3,000 Extra nourishment : Rs. 1,000 Transport to hospital : Rs. 1,500 Damage to clothing : Rs. 500 and article. Pain and suffering : Rs.20,000 Loss of amenities, mental : Rs.10,000 agony and pleasure of life. ------------------ Total : Rs.45,000 ======= MACA 1953/2010 4 9. The learned counsel for the claimant sought enhancement of compensation for pain and suffering and on other heads. 10. Having regard to the nature of the injuries sustained and the period of treatment undergone by the claimant, we feel that the compensation awarded under various heads is just and reasonable and therefore, we are not disturbing the same. Therefore, we hold that the claimant is not entitled to any enhanced compensation. That being so, the appeal has to be dismissed. In the result, the appeal is dismissed. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn