IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 MACA.No. 1632 of 2010() ----------------------- OPMV.439/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): PETITIONER ------------------------ KRISHNANKUTTY S/O.VALIAPPA CHETTIYAR, 55 YEARS, KALARIPARAMBU HOUSE, AMBALAPPARA, OTTAPALAM TALUK. BY ADV. SRI.R.VENUGOPAL RESPONDENT(S): --------------- 1. ASOK KUMAR, S/O.VASUDEVAN, KARIYAPARA, KADAMBUR, PALAKKD DISTRICT(DRIVER OF THE MOTOR CYCLE NO.KL-9-L-2016)KADAMBUR P.O 2. ANIL KUMAR, S/O.RAMANKUTTY, RAM NIVAS POOKKOTTIKAVU GRAMA PANCHAYATH, OTTAPALAM P.O., (OWNER OF MOTOR CYCLE NO-KL-9-L-2016) PIN-679101. 3. THE NEW INDIA ASSURANCE COMPANY LTD BRANCH OFFICE, NEAR STADIUM BUS STAND,PALAKKAD (INSURER OF THE VEHICLE AND POLICY NO.761100/31/05 /09107) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 1632 of 2010 ------------------------------------------------------ Dated: AUGUST 31, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in OP(MV) 439/2007 on the file of the Motor Accidents Claims Tribunal, Ottapalam. He sustained a compound comminuted fracture of lower third of left tibia and abrasion on the left tibial tuberosity in a motor accident that occurred on September 27, 2006 at about 8.30 p.m. at Ambalappara. The accident happened while he was standing on the side of the road, he was knocked down by a motorcycle bearing Regn.No.KL 9L 2016 ridden by the 1st respondent. Alleging negligence against the 1st respondent, the claimant filed the OP before the Tribunal claiming a compensation of Rs.2 lakhs. 2. Respondents 1 and 2, the rider and the owner of the offending motorcycle, filed a written statement admitting the accident, but denying the liability. The 3rd respondent, insurer of the offending motorcycle, filed a written statement admitting the policy. 3. The doctor who treated the claimant was examined as PW.1 and Exts.A1 to A11 were marked on the side of the claimant before the Tribunal. On the side of the respondents, Ext.B1 was marked. M.A.C.A. 1632 of 2010 2 On an appreciation of evidence the Tribunal found that the accident happened due to the negligence of the 1st respondent and awarded a total compensation of Rs.78400/- with interest at the rate of 8% per annum from the date of petition till realisation and a cost of Rs.1500/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. On going through the judgment of the Tribunal we felt that even without giving notice to the respondents, this appeal can be disposed of. Hence no notice was issued to the respondents. Heard the counsel for the appellant/claimant and the counsel for the Insurance Company. 5. The only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 6. The break up of the compensation amount awarded is as under: loss of earning Rs.12000/- medical expenses 43300/- bystander's expenses 600/- transportation 1000/- extra nourishment 1000/- damage to clothing 500/- pain and suffering 12000/- loss of amenities 8000/- 7. The claimant was a businessman aged 52 earning Rs.5000/- M.A.C.A. 1632 of 2010 3 per month according to the claimant. Counsel for the claimant pointed out that no amount was awarded for the alleged disability caused. There is no merit in the above contention. The claimant did not produce any certificate to show that he has suffered any disability due to the injuries sustained. Therefore the Tribunal is perfectly justified in not awarding any compensation for the disability caused. That apart, taking into consideration the nature of the injuries sustained and the period of treatment undergone, we feel that the compensation awarded by the Tribunal is reasonable. That being so, we find no merit in the appeal and the same is hereby dismissed. No costs. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-