IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 MACA.No. 1553 of 2005() ----------------------- OPMV.664/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONER: ----------------------------------- K.S. BHASKARAN, S/O. LATE SANKARAN, KIZHAKKEVEETTIL HOUSE, P.O. VENGINISSERY, THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENT(S): --------------- 1. SMT.LAKSHMI, THRIKKUMARAKUNDAM, P.O. AYYANTHOLE, THRISSUR-680 003. 2. KASSIM, S/O. MOHAMMED, MANJAKUNNIL HOUSE, PORARA AMSOM, DESOM, KATTANNUR, KANNUR. 3. ORIENTAL INSURANCE CO.LTD., BRANCH, THRISSUR. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 1553 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 11th 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.664 of 1996 of Motor Accidents Claims Tribunal, Thrissur challenges the judgment and award of the Tribunal dated December 1, 2004 awarding a compensation of Rs.45,200/- for the loss caused to him 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 a Carpenter aged 36 at the time of the accident and was earning Rs.3,000/- per month. On January 20, 1996 he was travelling in a K.S.R.T.C. bus bearing registration No. KL 15/0680 from Kottakkal to Thrissur and when the bus reached at Manthadam, another bus bearing registration No. KL-8 F 5, driven by the second respondent, came at a high speed and hit against the MACA 1553/2005 2 backside of the K.S.R.T.C. bus, in which the claimant was travelling. The claimant who was sitting on the back side of the bus sustained serious injuries. According to the claimant, the accident occurred due to the rash and negligent driving of the offending bus by the 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. 3. Respondents 1 and 2, the owner and the 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 of the driver of the K.S.R.T.C. bus. 4. The claimant was examined as PW1 and Exts.A1 to A13 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 the MACA 1553/2005 3 evidence, found that the accident occurred due to the negligence on the part of the second respondent and awarded a compensation of Rs. 45,200/- with interest at 6% p.a. from the date of petition till realization. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant/claimant and the counsel for 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 Tribunal awarded a total compensation of Rs.45,200/-. The break up of the amount awarded is as under :- Loss of earning : Rs.2,000/- Medical expense : Rs.12,000/- Pain and sufferings : Rs.7,000/- MACA 1553/2005 4 Loss of amenities in life : Rs.5,000/- Compensation for continuing : Rs.19,200/- permanent disability. -------------------- Total : Rs.45,200/- ======== 8. The claimant sustained the following injuries, as revealed from Ext.3 wound certificate issued from the hospital, a copy of which is made available to us for perusal:- 1) Pain over the scalp. 2) Pain and swelling over the occupit 2 c.m. x 1 c.m. 3) Pain over left buttock. Ext.A6 certificate issued by neurosurgeons shows that the claimant has vascular headache. Ext.A13 certificate issued by the doctor shows that the petitioner has some functional disability of 40% to 50% due to organiomood syndrome secondary to head injury. 9. The learned counsel for the appellant/claimant has mainly disputed the compensation awarded under the head disability. The Tribunal took the monthly income of the MACA 1553/2005 5 claimant as Rs.2,000/-, assessed permanent disability at 5%, adopted a multiplier of 16 and awarded Rs.19,200/- for the disability caused. The claimant sustained minor injuries. Therefore, the Tribunal is perfectly justified in taking his disability as 5% and awarding a compensation of Rs.19,200/- for the disability. Regarding the compensation awarded under other heads, we find that reasonable amount was granted by the Tribunal and therefore, we are not disturbing the same. The Tribunal is also justified in awarding interest at 6% p.a., as the O.P.(MV) was dismissed for default once and restored to file. 10. For all these reasons, we find no merit in the appeal and the same has to be dismissed. In the result, the appeal is dismissed. No costs. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.