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 31ST MARCH 2010 / 10TH CHAITHRA 1932 MACA.No. 3232 of 2009() ------------------------------------ OPMV.1319/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER -------------------------------------- JEMS. A.D., S/O LATE DEVASSY, AKKARAPATIAKKAL HOUSE, P.O.PURANATTUKARA, MANIDAM ROAD, THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENTS/RESPONDENTS ------------------------------------------------ 1. NARAYANAN, S/O.C.K.G. NAIR, CHENKALATH HOUSE, AYYANTHOLE, THRISSUR. 2. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, KOLLANNUR BUILDING, THRISSUR. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. A.K.BAHSEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 3232 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 31st day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under section 173 of the Motor Vehicles Act claimant in O.P.(MV) No.1319 of 2003 of the Motor Accidents Claims Tribunal, Thrissur challenges the judgment and award of the Tribunal dated May 28, 2009 awarding a compensation of Rs.24,750/- for the loss caused to the claimant, on account of the injury sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these:- The claimant was aged 36 at the time of the accident and used to earn Rs.4,300/- per month as a Supervisor. On November 8, 2002 the petitioner was riding a scooter bearing registration No. KL-8-M 6238 along Poonkunnam – Patturaikkal road at Thrissur. He was going from west to east and when he reached at Patturaikkal junction, a car MACA 3232/09 2 bearing registration No.KL-8R 856, driven by the first respondent, came at a high speed from the Thrissur – Shoranur road and dashed against the scooter of the claimant. The claimant sustained very serious injuries. According to the claimant, the accident occurred due to a rash and negligent driving of the offending car by the first respondent. The first respondent as the owner-cum- driver and second respondent as the insurer of the offending car are jointly and severely liable to pay compensation to the claimant. The claimant claimed compensation of Rs.1,69,750/-. 3. The first respondent, owner-cum-driver of the offending car remained absent and was set ex parte by the Tribunal. The second respondent, insurer of the offending car, filed a written statement, admitting the policy and further contending that the accident occurred due to the negligence on the part of the rider of the scooter. 4. Exts. A1 to A10 were marked on the side of the claimant. Ext.B1 was marked on the side of the second MACA 3232/09 3 respondent. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.24,750/- with interest at the rate of 7% p.a. from the date of petition till realization. The claimant has come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the appellant/claimant. On going through the award of the Tribunal, we felt that the appeal can be disposed of even without notice to the respondents. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the first respondent, owner-cum-driver of the offending car, is not challenged in this appeal. Therefore, the only question for consideration is whether the claimant is entitled to any enhanced compensation. 7. The claimant sustained A/C traumatic IVDP L5 and C1 numbness and he was treated conservatively. Ext.A6 is the discharge card issued from the Medical College MACA 3232/09 4 Hospital, Thrissur. Ext.A7 O.P. ticket. 8. The Tribunal awarded a total compensation of Rs.24,750/-. Break up of the compensation awarded is as under:- Loss of earning : Rs.2,500/- Transport to hospital : Rs.1,000/- Extra nourishment : Rs.500/- Damage to clothing : Rs.500/- Treatment expenses : Rs.1,250/- By-stander’s expense : Rs.1,000/- Pain and suffering : Rs.8,000/- Loss of amenities : Rs.10,000/- and enjoyment of life. ------------------ Total : Rs.24,750/- ======= 9. The claimant has now the following disabilities:- 1) Limitation of lumbar spine. 2) Forward flexion with stiff lumbosacral spine. 3) Painful limitation of right lower limb flexion. 4) Difficult in squatting. 10. The learned counsel for the appellant has mainly sought enhancement of compensation awarded for pain and suffering endured and loss of amenities and enjoyment in MACA 3232/09 5 life. He has also pointed out that no compensation was awarded for the permanent disability caused. 11. There is no merit in the above contention. The Tribunal awarded a compensation of Rs.10,000/- for loss of amenities and enjoyment in life. Taking into consideration the nature of the injuries sustained and the period of treatment the claimant has undergone, we feel that the Tribunal is justified in awarding a total compensation of Rs.24,750/- for the loss caused to the claimant. Therefore, we hold that the claimant is not entitled to any enhanced compensation. Thus, the appeal is devoid of any merit and is liable to be dismissed. In the result, the appeal is dismissed. No costs. A.K. BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.