IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 MACA.No. 336 of 2011() ---------------------- OPMV.2006/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONER ------------------------ ABDULLA, AGED 41 YEARS, S/O.MOHAMMED, PUTHIYAVEETIL HOUSE, P.O.THALIKKULAM, THRISSUR DISTRICT. BY ADV. SRI.M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN RESPONDENT(S): RESPONDENTS -------------------------- 1. P.K.RAMESH, POOVASSERY HOUSE, P.O.MANALUR, THRISSUR DISTRICT. 2. K.D.RAMADAS, S/O.DHARMAPALAN, KOLLARA HOUSE, P.O.ANTHIKKAD, THRISSUR DISTRICT. 3. THE UNITED INDIA INSURANCE CO. LTD., THRISSUR DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.336 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.2006/2003 on the file of Motor Accidents Claims Tribunal, Thrissur. In this appeal he challenges the judgment and award of the Tribunal dated October 30, 2010 awarding a compensation of Rs.84,600/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred on February 16, 2003 at about 9.45 p.m. : Fracture shaft of right femur and proximal phalanx of right little finger. Fracture of PP of right little finger was treated with Jess fixation and the fracture of femur with K nailing and bone grafting. 2. The accident happened while the claimant was pillion riding on the motor cycle bearing Reg.No.KL-8/J 2610 along Anthikkad road, he was knocked down by an autorickshaw bearing Reg.No.KL-8/S 2667 driven by the second respondent. Alleging negligence against the second MACA.No.336/2011 2 respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 1,50,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending autorickshaw filed a joint written statement admitting the accident, but attributed negligence to the rider of the motor cycle. The third respondent, the insurer of the offending autorickshaw filed a written statement admitting the policy. 4. Exts.A1 to A10 series were marked on the side of the claimant before the Tribunal. Exts.B1 to B3 were marked on the side of the contesting respondents The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending autorickshaw by second respondent and awarded a compensation of Rs.84,600/- with interest @ 8% per annum from the date of petition till realisation and proportionate cost. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant/claimant. No notice was issued to Respondents as on going through the judgment of the Tribunal MACA.No.336/2011 3 we felt that even without issuing notice to the respondents this appeal can be disposed of. 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 is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.84,600/-. The break up of the compensation amount awarded is as under: Loss of earning - Rs. 8,750/- Medical and Miscellaneous expenses - Rs.15,214/- Bystander expenses - Rs. 3,000/- Transportation expenses - Rs. 1,500/- Extra nourishment - Rs. 2,000/- Damages to clothing - Rs. 500/- Pain and suffering - Rs.20,000/- Disability - Rs.33,600/- 8. In Ext.A8, the certificate of disability, the doctor has certified that the claimant has suffered a permanent disability of 20%. The Tribunal took the percentage of permanent disability as 7% and adopted a MACA.No.336/2011 4 multiplier of 16 and awarded Rs.33,600/-. Taking into consideration the nature of the injuries sustained by the claimant and the period of treatment he has undergone, we feel that the compensation awarded by the Tribunal is just and reasonable. It follows that the claimant is not entitled to any enhanced compensation. In the result, the appeal fails and it is hereby dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv.