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 28TH MAY 2010 / 7TH JYAISHTA 1932 MACA.No. 1246 of 2005() ----------------------- OPMV.1563/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER. ----------------------------------- A.P.REGHUNATHAPILLAI,S/O.LATE PARAMESWARAM PILLAI, ERUMELIL HOUSE, KAKKOOR P.O. KAKKOOR. BY ADV. SRI.T.A.UNNIKRISHNAN SMT.RESHMI POULOSE RESPONDENT(S): RESPONDENT. -------------------------- 1. GEORGE JOSEPH,NAGALAKSHAMKIL HOUSE, MONIPPILLY P.O. KOTTAYAM. 2. SEBASTIAN, S/O.VARKEY, KATTACHANIYIL HOUSE, MONIPPILLY P.O. MONIPPILLY, PALAI. 3. THE ORIENTAL INSURANCE CO.LTD., THODUPUZHA. ADV. SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1246 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of May, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.1563/2000 of Motor Accidents Claims Tribunal, Muvattupuzha challenges the judgment and award of the Tribunal dated December 13, 2004 awarding a compensation of Rs. 1,07,739/- 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 : The claimant was employed as a lecturer in Malayalam in N.S.S. Arts College for Women, Tripunithura earning Rs. 5,000/- per month. On August 18, 2000 at about 5.10 p.m., claimant was riding his motor cycle bearing Reg.No.KL 7G/ 6223 from Kakkoor to Pampakuda. At that time a van bearing Reg.No.KL 5B/2264 driven by second respondent came from opposite direction and dashed against the motor cycle of the claimant. Claimant sustained serious injuries. According to MACA.No.1246/05 2 the claimant, accident occurred due to the rash and negligent driving of the offending van by second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending van are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 2, the owner and driver of the offending van remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending van filed a written statement admitting the policy, but contended that the accident occurred due to the negligence on the part of the claimant. 4. Pws 1 to 3 were examined and Exts.A1 to A14 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 van by second respondent and awarded a compensation of Rs. 1,07,739/- with interest @ 9% per annum from the date of petition till realisation and proportionate cost. The claimant has now come up in appeal challenging the quantum of MACA.No.1246/05 3 compensation awarded by the 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 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 as revealed from Ext.A6, the copy of the accident register cum wound certificate issued from Devamatha Hospital, Koothattukulam. 1. Abrasions over forehead and cheek. 2. Multiple lacerated wounds over right thigh, right foot, over heel and over right chest. 3. Compound fracture of shaft of femur. 4. Fracture tibia ( Rt) 8. Ext.A7 is the discharge summary issued from the hospital. Ext.A8 is the certificate issued from the hospital. Ext.A9, the certificate issued from Chazhikattu Hospital shows that as the fracture MACA.No.1246/05 4 was not united, he was again admitted on 21/04/2001. Ext.A13, the salary certificate shows that claimant was employed as a Malayalam lecturer in N.S.S. Arts College for Women, Tripunithura and earning Rs. 2953/- per month. 9. The Tribunal awarded a total compensation of Rs.1,07,739/-. The break up of the compensation awarded is as under : Loss of earning - Rs. 23,671/- Transportation expenses - Rs. 2,000/- Attendant expenses - Rs. 3,000/- Extra nourishment - Rs. 2,000/- Damage to clothes - Rs. 500/- Treatment expenses - Rs. 46,568/- Pain and suffering - Rs. 20,000/- Loss of amenities - Rs 10,000/- 10. Counsel for the claimant sought enhancement of the compensation awarded for the disability caused, pain and suffering endured and towards treatment expenses. 11. Taking into consideration 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. It MACA.No.1246/05 5 follows that the claimant is not entitled to any enhanced compensation. Therefore, the Appeal has to be dismissed. In the result, the Appeal is dismissed. Parties shall bear their own costs. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1246/05 6