IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 MACA.No. 394 of 2010() ---------------------- OPMV.1449/2002 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER ------------------------ MANUEL THOMAS K.T, AGED 41 YEARS, S/O.THOMAS, KOIKKARANPARAMBIL HOUSE, THOPPIL KARUMAKKAD ROAD, THRIKKAKARA VILLAGE, B.M.C. PO ERNAKULAM DISTRICT. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER RESPONDENT(S): RESPONDENTS -------------------------- 1. THE MANAGING PARTNER, M/S.SANNIDHANAM TRAVELS,1/423, IRIMPANAM PO, TRIPUNITHURA,. 2. JINESH BOSE V., S/O. CHANDRA BOSE, VALLI KKAUNNATH HOUSE, OPP.TO GRAMEENA VAYANASALA, ERUVELI, CHOTTANIKKARA. 3. THE ORIENTAL INSURANCE COMPANY LIMITED PALLIMUKKU, COCHIN-682 016. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.394 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.1449/2002 of Motor Accidents Claims Tribunal, Ernakulam challenges the judgment and award of the Tribunal dated February 2, 2009 awarding a compensation of Rs. 2,23,353/- for the loss caused to the claimant on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these : The claimant was a welder in Sharom Metals, Ernakulam and was aged 33 at the time of the accident. On March 12, 2002 at about 10.30 p.m., the claimant was riding his motor cycle bearing Reg.No.KL-7/Z 6425 along Ernakulam-Aluva road near United Fuels, Edapally. At that time a bus bearing Reg.No.KL-7/R 4030 came at a high speed and overtook the claimant and suddenly stopped as a result of which the motor cycle hit on the rear left side of the bus. Claimant sustained MACA.No.394/2010 2 serious injuries. According to the claimant, accident occurred due to the rash and negligent driving of the offending bus by second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending bus are jointly and severally liable to pay compensation to the claimant. Claimant claimed a compensation of Rs. 7,40,000/-. 3. Respondents 1 and 2, the owner and driver of the offending bus remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending bus filed a written statement admitting the policy and further contending that the accident occurred due to the negligence on the part of the claimant. 4. Exts.A1 to A15 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending bus by second respondent and awarded a compensation of Rs. 223,335/-. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.394/2010 3 5. Heard the counsel for the appellant/claimant. No notice was issued to respondents as on going through the judgment of the Tribunal, we felt that even without notice to 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 claimant sustained the following injuries : Abrasion on the right cheek, 15 x 4 cm. laceration on right leg, open fracture of both bones of right leg. 8. Ext.A7 is the wound certificate issued from Ernakulam Medical Centre Hospital. Exts.A8 to A10 are the discharge cards issued from the hospital. Ext.A12 are the photographs. Ext.A14 is the disability certificate issued by the Doctor which shows that claimant has now 15% disability. Wound debridement, k-wire fixation of right tibia condyle and external fixation of right leg were done. Skin grafting MACA.No.394/2010 4 was also done. Subsequently ilizarow ring fixation was done. The certificates show that atleast for one year he continued treatment. The Tribunal took his disability as 15% and monthly income as Rs. 2,000/- and adopted a multiplier of 15. 9. The Tribunal awarded a total compensation of Rs. 2,23,353. The break up of the award amount is as under : Medical expenses ( supported by bills) -Rs. 93,353/- Transportation & damage to clothes -Rs. 2,000/- Attendant expenses & extra nourishment -Rs. 10,000/- Shock, pain and sufferings -Rs. 25,000/- Loss of earning -Rs. 24,000/- Loss of amenities & convenience -Rs. 15,000/- Towards permanent disability -Rs. 54,000/- ---------------- Rs.2,23,353/- ========== 10. The counsel for the appellant/claimant mainly argued that the monthly income of the claimant taken as Rs. 2000/- by the Tribunal is not correct and that as the claimant was working as a welder, it should have been taken atleast Rs. 5000/- per month. There is no merit in the above contention. No document is produced by the claimant to prove his income. Therefore, the Tribunal is perfectly justified in taking his income as Rs. 2,000/- per month and awarding a MACA.No.394/2010 5 compensation of Rs. 54,000/- for the permanent disability caused. Taking into account the nature of the injury sustained and the period of treatment the claimant has undergone, we feel that the compensation awarded by the Tribunal is just and reasonable. Therefore, we are not disturbing the same. In the result, the Appeal is dismissed. Parties shall bear their own cost. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.394/2010 6