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. 397 of 2010() ---------------------- OPMV.1689/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER ------------------------ K.E.UNNI, AGED 37 YEARS, S/O.ENAVATHY, HARIJAN COLONY, NORTH OF PANCHAYAT OFFICE, KUNNUKARA, NORTH PARUR TALUK. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER RESPONDENT(S): RESPONDENTS -------------------------- 1. P.A.ABDUL HAMEED, S/O.ABOOBACKER, PATHUVANA KUREEKOTTIL HOUSE, KAYANTIKKARA, MUPPATHADOM PO, ALUVA. 2. SHAJEER P.B, S/O.BAVA, PULINCHOTTIL HOUSE, SOUTH OF MILMA SOCIETY, KAYINTIKKARA, KADUNGALLUR VILLAGE. 3. THE NATIONAL INSURANCE COMPANY LIMITED, JANATHA JUNCTION, PALARIVATTOM, COCHIN-682 025. 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.397 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.1689/2001 of Motor Accidents Claims Tribunal, Ernakulam challenges the judgment and award of the Tribunal dated January 31, 2009 awarding a compensation of Rs. 1,33,942/- for the loss caused to him on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these : On December 15, 2000 at about 2 p.m. the claimant was travelling in a lorry bearing Reg.No.KL-7/U 3798 for unloading bricks carried therein. When the lorry reached at Kannadikkadavu near Edappally-Aroor bypass, it capsized on the side of the road. The claimant sustained serious injuries. According to the claimant, accident occurred due to the rash and negligent driving of the offending lorry by second respondent. First respondent as the owner, second respondent MACA.No.397/2010 Page numbers as the driver and third respondent as the insurer of the offending lorry are jointly and severally liable to pay compensation to the claimant. Claimant claimed a compensation of Rs. 3,00,000/-. 3. Respondents 1 and 2, the owner and driver of the offending lorry remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending lorry filed a written statement admitting the policy, but contending that claimant was a gratuitous passenger in a goods vehicle and that therefore he is not entilted to any compensation from the respondents. 4. Exts.A1 to A10 were marked on the side of the claimant before the Tribunal. On the side of the contesting third respondent, copy of the policy was marked as Ext.B1. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending lorry by second respondent and awarded a compensation of Rs. 1,33,942/-. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant. No notice was issued MACA.No.397/2010 Page numbers to respondents as on going through the award of the Tribunal, we felt that even without issuing notice to the respondents, the 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 : Abrasions on the right gluteal region, right leg, right foot, contusions on right knee, right foot, communited fracture of upper end of right tibia and fracture of 4th metatarsal right foot. 8. Ext.A4 is the copy of wound certificate issued from Ernakulam Medical Centre Hospital. Ext.A5 is the treatment certificate issued from the hospital which shows that open reduction and internal fixation of right tibia was done. He was hospitalised altogether for 46 days. Ext.A7 certificate of disability shows that the claimant has MACA.No.397/2010 Page numbers suffered disability of 18%. Taking into consideration all these aspects, the Tribunal awarded a total compensation of Rs. 1,33,942/- . The break up of the award amount is as under : Medical expenses( supported by bills) -Rs. 2,822/- Transportation & damage to clothes -Rs. 2,000/- Attendant expenses & extra nourishment -Rs.10,000/- Shock, pain and suffering -Rs. 30,000/- Loss of earning -Rs. 10,000/- Loss of amenities and convenience -Rs. 10,000/- Towards permanent disability -Rs. 69,120/- ---------------- Total -Rs.1,33,942/- =========== 9. Taking into consideration the nature of the injury sustained and the period of treatment the claimant has undergone and the disability shown in Ext.A7, we feel that the compensation awarded by the Tribunal is just and reasonable. Therefore, we are not disturbing the same. It follows that the appeal has to be dismissed. In the result, we find the appeal devoid of any merit and dismiss the same. In the circumstances, parties have to bear their own costs. A.K.BASHEER, JUDGE sv P.Q.BARKATH ALI, JUDGE MACA.No.397/2010 Page numbers sv. MACA.No.397/2010 Page numbers