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 14TH JUNE 2010 / 24TH JYAISTHA 1932 MACA.No. 329 of 2004() ------------------------------------ OPMV.458/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/PETITIONER ----------------------------------------------------------- STANLY S/O. JOSEPH, 42 YEARS, KOCHUPARAMBIL HOUSE P.O., PANTHALLOOR HILLS BY ADV. SMT.K.V.RESHMI RESPONDENT(S): RESPONDENTS ----------------------------------------------- 1. K.O.JOHN, S/O. KOCHUKUNHUNNI, PUTHENPURAKKAL HOUSE, THACHINGANADAM P.O. 2. K.UMMER, S/O.SAIDALAVI, KOLLARAM HOUSE, VALAMBOOR P.O. 3. UNITED INDIA INSURANCE COMPANY LTD., P.O.MALAPPURAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------- M.A.C.A NO. 329 OF 2004 ------------------------------------- DATED THIS THE 14TH DAY OF JUNE 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in OP(MV)No. 458/1999 on the file of Motor Accidents Claims Tribunal, Manjeri challenges the judgment and award of the Tribunal dated August 29, 2003 awarding a compensation of Rs. 1,65,500/- for the loss caused to the claimant on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these: The claimant was aged 42 at the time of accident and used to earn Rs. 3,000/- per month as a rubber tapper, according to him. On November 24,1998 at about 1 P.M., he was pillion riding on a motor cycle bearing registration No. KL-10/F-7622 along Pandalloor to Arikkandampakku. When he reached near Thachinganadam, a bus bearing registration No. KL-10/c-2770 driven by the 1st respondent came at a high speed and dashed against the motor cycle of the claimant. The claimant sustained serious injuries. According to him, the accident occurred due to M.A.C.A NO. 329 OF 2004 2 the negligence on the part of the bus driver, the 1st respondent. The first respondent as the driver, the 2nd respondent as the owner and the 3rd respondent as the insurer of the offending bus are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 2, the driver and owner of the offending bus, though entered appearance did not file any written statement. The 3rd respondent, the insurer of the offending bus filed a written statement admitting the policy but further contended that the accident occurred due to the negligence on the part of the rider of the motor cycle. 4. Ext.A1 to A9 were marked on the side of the claimant. No evidence was adduced by the contesting 3rd respondent. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence on the part of the first respondent, the driver of the offending bus and awarded a compensation of Rs. 1,65,500/- with interest at the rate of 9% per annum from the date of petition till realization with proportionate cost. The claimant has now come up in appeal challenging the quantum of compensation awarded by the M.A.C.A NO. 329 OF 2004 3 Tribunal. 5. Heard the counsel for the appellant/claimant and the 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 1st respondent, the driver of the offending bus 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 claimant sustained the following injuries as revealed from Ext.A2, copy of wound certificate issued from Alshifa Hospital, Perintalmanna (i)compound supra condylar fracture femur right with intercondylar fracture tibia (right). (ii)sublixation of right knee with patellar ligaments avulsion. Ext.A3 series are discharge summary card which show that he was in the hospital for 33 days. 8. The Tribunal awarded a total compensation of Rs. 1,65,500/-. The break up of the compensation awarded is as under: Loss of earnings : Rs. 10800 Transport to hospital : Rs. 2000 M.A.C.A NO. 329 OF 2004 4 Extra nourishment : Rs. 2000 Bystander's expenses : Rs. 2000 Damage to clothing : Rs. 300 Treatment and medical : Rs. 70000 expenses Pain and suffering : Rs. 20000 Disability : Rs. 58400 -------------- Total : Rs. 1,65,500/- ====== 9. The counsel for the claimant sought enhancement mainly for the disability caused. The Tribunal took the monthly income of the claimant as Rs. 1800/- and took the disability assessed by the Medical Board in Ext. X1 as 18% and adopted a multiplier of 15 and awarded a compensation of Rs. 58,320/- for the disability caused. Ext. X1, certificate of disability issued by the Medical Board shows that the claimant has the following disabilities. “guardriceps wasting right thigh, extensive punctured scar on the anterior aspect of right knee, mal Union at the fracture site, with partial ankylosis of right knee with range of movement 160-50 degree.” 10. Taking into consideration the nature of the injuries sustained and the disability suffered by the claimant, we feel that the compensation awarded by the Tribunal is just and reasonable. Therefore, the claimant is not entitled to any M.A.C.A NO. 329 OF 2004 5 enhanced compensation. That being so, the appeal has to be dismissed. In the result, the appeal is dismissed. Parties shall bear their own cost. A.K. BASHEER ( JUDGE ) P.Q. BARKATH ALI ( JUDGE ) pkk