IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 MACA.No. 2161 of 2010() ------------------------------ OPMV.1007/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER --------------------------------- I.J.ALFRAD, SON OF JOSEPH, ILLIPARAMBIL HOUSE, NEAR L.F.CHURCH, KALOOR P.O., ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADVS. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.ANILA PETER SRI.G.ARUN GOPAN RESPONDENT(S): RESPONDENTS -------------------------------------- 1. PARAMESWARAN NAIR, THAIVELIKKAKAM, PUNNAPRA P.O., ALAPPUZHA DISTRICT, PIN 688 004. 2. B.V.HARIDASAN, S/O.BHASKARAN NAIR, KALATHIL VEEDU, WARD NO.XI, MARARIKULAM SOUTH PANCHAYAT, MARARIKULAM, ALAPPUZHA DISTRICT, PIN 688549. 3. THE NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, ERNAKULAM, COCHIN-682 016. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 2161 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 10th day of November, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.1007 of 2005 on the file of the Motor Accidents Claims Tribunal, Ernakulam. In this appeal he challenges the judgment and award of the Tribunal dated April 30, 2010 awarding a compensation of Rs.1,56,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. He sustained the following injuries in that accident that occurred on September 5, 2004 at about 2.15 p.m.:- 1) Fracture orbital roof, tibia, fibula, minimal, pneumocephalus. 2) Small contusion near (L) sylion fissure. Wound debridement and interlocking nailing were done. Suturing was also done. 3. The accident happened while the claimant was MACA 2161/2010 2 pillion riding on a scooter along Cherthala – Alappuzha road a van, driven by the 2nd respondent, dashed against the scooter and as a result of which he sustained the injuries mentioned above. Alleging negligence against 2nd respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.6 lakhs. 4. Respondents 1 and 2, owner and driver of the offending van, remained absent and they were set ex parte by the Tribunal. The 3rd respondent/insurer of the offending van filed a written statement admitting the policy. Exts.A1 to A10 and Ext.X1 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident happened due to negligence of the 2nd respondent and awarded a compensation of Rs.1,56,000/- with interest at 7.5% p.a. from the date of petition till realization. The claimant has come up in appeal challenging the quantum of compensation. MACA 2161/2010 3 5. Heard learned counsel for the appellant/claimant and learned counsel for 3rd respondent/Insurance Company. 6. The finding of the Tribunal that the accident is due to the negligence of the 2nd respondent/rider of the offending van 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 Tribunal awarded a total compensation of Rs.1,56,000/-. Break up of the compensation amount awarded is as under:- Loss of earnings : Rs. 12,500/- Transportation, : Rs. 15,000/- extra nourishment, attendant expenses and damage to clothing. Medical expenses : Rs. 55,500/- Pain and suffering : Rs. 25,000/- Loss of amenities and : Rs 15,000/- enjoyment of life. For continuing or permanent : Rs. 33,000/- disability and loss of earning power. bystander's expenses. ------------------ Total : Rs.1.56,000/- ======= MACA 2161/2010 4 8. Learned counsel for the claimant sought enhancement of the compensation for the disability caused, for pain and suffering endured and on other heads. 9. The claimant was aged 52 and was working as Air Conditioner Refrigeration Mechanic, earning Rs.2,500/- per month, according to him. Ext.A10 series are his bank vouchers. As there were no evidence to prove the income of the claimant, the Tribunal took the monthly income of the claimant as Rs.2,500/-, took percentage of disability as 10%, adopted a multiplier 11 and awarded Rs.33,000/- for the permanent disability caused. As there was no document to prove the income of the claimant the Tribunal is justified in fixing his monthly income as Rs.2,500/-. As regards the percentage of disability in Ext.X1 certificate the Medical Board has certified that the claimant has a disability of 24%. It is seen from Ext.X1 that the claimant has now post traumatic sufferings of left ankle and both knee joints. Therefore, the Tribunal is perfectly right in assessing his percentage of disability as 10%. MACA 2161/2010 5 10. Taking into consideration the nature of the injuries sustained, we feel that the compensation awarded by the Tribunal for the disability caused and on other heads is just and reasonable. That being so, the claimant is not entitled to any enhanced compensation. Therefore, the appeal has to be dismissed. In the result, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE mn.