IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 MACA.No. 1687 of 2004(C) ------------------------------------- [O.P(MV).NO.377/1998 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, TRIVANDRUM] .................... APPELLANT/APPLICANT: ------------------------------------ DINAKARAN, S/O. M.B.MENON, 9/881, ASHA SADANAM, NEAR INDIRA BHAVAN, SASTHAMANGALAM, TRIVANDRUM. BY ADVS. SRI.P.PARAMESWARAN NAIR, SRI.R.SUDHEESH KUMAR. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. K.VIJAYAKUMAR, TC.31/1414, CHACKAI, PETTAH P.O., THIRUVANANTHAPURAM. 2. S.LEKSHMINARAYAN POTTI, TC.28/1191, RAVI VARMA MADOM, SIVA NAGAR, SREEKANTESWARAM, THIRUVANANTHAPURAM. 3. P.KRISHNAN, S/O. VELAYUDHAN, TC.32/1414, KUNNUMPURATHU VEEDU, KARALI JUNCTION, CHACKAI, PETTAH P.O., THIRUVANANTHAPURAM. 4. NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, KOTTARATHIL BUILDINGS, PALAYAM, THIRUVANANTHAPURAM. R2 BY ADVS. SRI.RAM MOHAN.G, SRI.G.P.SHINOD, SRI.MANU .V, R4 BY ADV. SRI.P.G.GANAPPAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1687 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 28th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.377 of 1998 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram. In this appeal he challenges the judgment and award of the Tribunal dated January 20, 2004 awarding a compensation of Rs.2,40,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident occurred on September 29, 1997 at about 2.50 p.m. while the claimant was travelling in an auto-rickshaw bearing registration No.KCT 8193, driven by the third respondent, it capsized. He sustained compound segmental fracture of the left tibia bone, fracture of the lateral melleolus of left fibula and he was subject to manipulative reduction. Alleging negligence against the third respondent, the claimant field the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.10 lakhs. MACA 1687/2004 2 3. Respondents 1 and 2, the owners, and third respondent, driver of the offending auto-rickshaw, remained absent before the Tribunal. The fourth respondent, insurer of the offending auto-rickshaw, filed a written statement admitting the policy. 4. PW1 was examined and Exts. A1 to A26 were marked on the side of the claimant. No evidence was adduced by the respondents. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to negligence of the third respondent and awarded a compensation of Rs.2,40,000/- with interest at the rate of 9% 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/claimant and learned counsel for respondents 2 and 4. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the third respondent, driver of the offending auto-rickshaw, 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. MACA 1687/2004 3 7. The Tribunal assessed a total compensation of Rs.240,960/-, which is mistakenly shown as Rs.2,40,000/-. Break up of the compensation assessed by the Tribunal is as under:- Loss of earning : Rs. 24,000 Transportation expenses : Rs. 1,000 Damage to clothing : Rs. 250 Medical and incidental : Rs. 48,910 expenses. Bystander's expenses : Rs. 1,500 Extra nourishment : Rs. 500 Pain and suffering : Rs. 15,000 Disability caused : Rs.1,24,800 Loss of amenities and : Rs. 25,000 inconvenience caused. ------------------ Total : Rs.2,40,960 ======= 8. The learned counsel for the claimant sought enhancement of compensation awarded under disability caused and on other heads. The Tribunal took monthly income of the claimant as Rs.8,000/-, took permanent disability as 10%, adopted a multiplier of 13 and awarded a compensation of Rs.1,24,800/- for the disability caused. The Tribunal awarded Rs.15,000/- for pain and suffering and Rs.25,000/- for loss of amenities and inconvenience caused to the claimant. 9. The documents produced by the claimant shows that he MACA 1687/2004 4 was aged 46 at the time of the accident and was a Director of a Company at Delhi earning more than Rs.1 lakh per year. Taking into account all these aspects and 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. 10. The total compensation awarded by the Tribunal comes to Rs.2,40,960/- but the Tribunal mistakenly noted it as Rs.2,40,000/-. Therefore, the amount awarded by the Tribunal is corrected as Rs.2,40,960/-. 11. In the result, the appeal is dismissed. The parties shall suffer their own costs. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn