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 17TH MARCH 2011 / 26TH PHALGUNA 1932 MACA.No. 648 of 2004(B) ----------------------------------- [O.P(M.V).NO.846/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA] .................... APPELLANT/APPELLANT: ------------------------------------- LEELAMMA, D/O.PARAVATHIAMMA, POWRNAMI HOUSE, S.L.PURAM POST, CHERTHALA. BY ADVS. SRI.T.B.SARASAN, SRI.M.V.BAIJU. RESPONDENTS: ------------------------ 1. CHANDRASEKHARA KURUP, POWRNAMI HOUSE, S.L.PURAM POST, CHERTHALA. 2. THE UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY ITS BRANCH MANAGER, CHERTHALA. R2 BY ADV. SRI.RAJAN P.KALIYATH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 648 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 17th day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.846/1999 on the file of the Motor Accidents Claims Tribunal,Alappuzha. In this appeal she challenges the judgment and award of the Tribunal dated June 30, 2003 awarding a compensation of Rs.83,500/-for the loss caused to her on account of the injuries sustained by her in a motor accident. 2. The accident happened on May 29, 1999 at about 6 p.m. on the Cherthala – Alappuzha National High Way near Block Junction, Kalavoor. While the claimant was pillion riding on a scooter bearing registration No.KL-4-3344, the first respondent her husband who was riding the scooter suddenly applied brake, as a result of which the claimant fell on the road and she sustained the following injuries:- 1) A contusion of 2 cm x 1 cm size (L) side of the forehead. MACA 648/2004 2 2) Pain and tenderness over the pettalla ® side . X-ray shoed fracture pettalla. Alleging negligence against first respondent, rider of the offending scooter, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.4 lakhs. 3. The first respondent, owner-cum-rider of the offending scooter, filed a written statement admitting the accident but denied the negligence on his part. The second respondent, insurer of the offending scooter, filed a written statement admitting the policy. Claimant was examined as PW1 and Exts.A1 to A10 were marked on her side. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident happened due to negligence of the first respondent and awarded a compensation of Rs.20,554/- with interest at 7% p.a. from the date of petition till realization. The claimant has come up in appeal challenging the quantum of compensation. 4. Heard learned counsel for the appellant/claimant MACA 648/2004 3 and learned counsel for 2nd respondent/Insurance Company. 5. The finding of the Tribunal that the accident happened due to the negligence of the first respondent rider of the motor cycle is not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 6. The Tribunal awarded a total compensation of Rs.83,500/-. Break up of the compensation amount awarded is as under:- Loss of earnings : Rs.18,000 Medical bills, treatment, : Rs. 3,500 Transportation and other expenses. Pain and suffering : Rs.12,000 Disability and loss of amenities : Rs.50,000 ------------- Total : Rs.83,500 ======= 7. Learned counsel for the claimant sought enhancement of the compensation for the disability caused and on other heads. 8. Having regard to the nature of the injuries MACA 648/2004 4 sustained and the period of treatment undergone by the claimant, we feel that the compensation awarded under various heads is just and reasonable. Therefore, we hold that the claimant is not entitled to any enhanced compensation. That being so, the appeal has to be dismissed. 9. In the result, the appeal is dismissed. The parties shall suffer their own costs. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE mn.