IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 MACA.No. 379 of 2003(C) ----------------------- OPMV.1340/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER IN O.P(MV): ---------------------------------------------- N.J.VARGHESE, AGED 22 YEARS, S/O. JOHN, NAVALINGAL HOUSE, KEMPIRI ROAD, PANDIKUDY, KOCHI-2. BY ADV. SRI.R.SUDHISH SMT.MANJU SUDHISH RESPONDENT(S): RESPONDENTS IN O.P(MV): ------------------------------------- 1. INDIRA RAVINDRAN, W/O. RAVINDRAN, HOUSE NO.X/511, AMARAVATHY, COCHIN-1. 2. S.A.JOSEPH, S/O. ALEX, SANTHIYAYIL HOUSE, WEST ODATHA, VELI, FORT COCHIN, COCHIN-1. 3. THE ORIENTAL INSURANCE COMPANY LTD., REP. BY ITS REGIONAL MANAGER, REGIONAL OFFICE, MUTHOOT TOWERS, M.G.ROAD, COCHIN-35. ADV. SRI.S.MAMMU FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 379 of 2003 ------------------------------------------------------ Dated: JUNE 14, 2010 JUDGMENT Barkath Ali, J. In this appeal under sec.173 of the Motor Vehicles Act the claimant in OP(MV) 1340/1996 on the file of the Motor Accidents Claims Tribunal, Ernakulam, challenges the judgment and award of the Tribunal, dated, December 13, 2001 awarding a compensation of Rs.66,750/- for the loss caused to the claimant 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 aged 22 at the time of the accident and was working as a Patch Worker in Friends Automobiles earing Rs.2000/- per month. On October 11, 1995 at about 3 p.m. the claimant was pushing his bicycle along the Fort Kochi Kunnumpuram - Veli road. At that time a mini lorry bearing bearing registration No.KL-7/1857 driven by the 2nd respondent came at a high speed and knocked him down. The claimant sustained serious injuries. According to the claimant the accident occurred due to the negligence on the part of the 2nd respondent. The 1st respondent as the owner, the 2nd respondent as the driver and the 3rd respondent as the insurer of the offending lorry are jointly and severally liable to pay compensation to the claimant. M.A.C.A. 379 of 2003 2 The claimant claimed a compensation of Rs.4 lakhs. 3. Respondents 1 and 2, remained absent and were set ex parte by the Tribunal. The 3rd respondent filed a written statement admitting the policy. 4. The claimant was examined as PW.1 and Exts.A1 to A14 were marked on the side of the claimant before the Tribunal. Ext.B1, copy of the policy, was marked on the side of the contesting 3rd respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence on the part of the 2nd respondent and awarded a compensation of Rs.66,750/- with interest at 9% per annum from the date of petition till realisation against respondents 1 to 3 and proportionate costs. 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 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 2nd 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. M.A.C.A. 379 of 2003 3 7. The claimant sustained the following injuries as revealed from Ext.A4, copy of the wound certificate:- 1. Patient unconscious, restless. 2. Lacerated wound on left elbow, left hand and left knee. 3. 6 x 0.5 x 0.5 cm. lacerated wound on the frontal region. 4. C.T. Scan of Brain showed minimal left temporate contusion. Ext.A10 certificate of disability issued by the doctor shows that he has a disability of 40%. 8. The Tribunal awarded a total compensation of Rs.66,750/-. The break up of the compensation awarded is as under:- transportation to hospital - Rs.500/- attendant's expenses - 3,500/- extra nourishment - 1,700/- damage to clothings - 500/- loss of earnings - 4,500/- treatment - 35,895/- pain and suffering - 15,000/- difficulties, discomfort and other inconvenience in the enjoyment of life. - 5,000/- ----------------- - Rs.66,595/- rounded off - Rs.66,750/- ========== 9. Taking into consideration the nature of the injuries sustained M.A.C.A. 379 of 2003 4 and the period of treatment the claimant has undergone, we feel that the compensation awarded by the Tribunal is reasonable. That being so, we find that the claimant is not entitled to any enhanced compensation. Consequently this appeal has to be dismissed. In the result, the appeal is dismissed. No costs. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-