IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 MACA.No. 863 of 2006() ---------------------- OPMV.627/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANTS/CLAIMANTS ---------------------------------- VENUGOPALAN, 48 YEARS, S/O. GOPALAN NAIR, KULAPPURATH HOUSE, VALIAKUNNU P.O., VALANCHERY, MALAPPURAM DISTRICT. BY ADV. SRI.PROMY KAPRAKKATT SRI.K.N.ABHILASH SMT.P.K.BEENA RESPONDENTS/ RESPONDENTS -------------------------- 1. BABURAJAN P.P., AGED 39 YRS, S/O. BALAKRISHNAN, PUTHUPATTAPARAMBIL, MUTHUR, TIRUR. 2. MOHAMMED SALIM, KAKKATHIL HOUSE, PAINKANNIYUR P.O., VALANCHERI. 3. ORIENTAL INSURANCE CO. LTD., JASEELA COMPLEX, NILAMBUR ROAD, MANJERI. ADV. SRI.T.K.SAIDALIKUTTY FOR R.2 SRI.P.M.KUNJIMOIDEENKUTTY SRI.P.A.MOHAMMED ASHROF SRI.LAL K.JOSEPH DR.ELIZABETH VARKEY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.863 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.627/2003 on the file of Motor Accidents Claims Tribunal, Tirur. In this appeal he challenges the judgment and award of the Tribunal dated January 18,2006 awarding a compensation of Rs.47,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained fracture to his right femur in that accident that occurred on July 22, 2003 at about 8 p.m.: 2. The accident happened while the claimant was walking along the side of the road he was knocked down by the bus bearing Reg.No.KL-01 L/7041 driven by the first respondent. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 2,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the MACA.No.863/06 2 offending bus remained absent before the Tribunal. The third respondent, the insurer of the offending bus filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A9 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 evidence found that the accident occurred due to the rash and negligent driving of the offending bus by first respondent and awarded a compensation of Rs. 47,000/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.750/-. 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 first respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is MACA.No.863/06 3 entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.47,000/-. The break up of the compensation amount awarded is as under: Transport to hospital - Rs. 2,500/- Damage to clothing - Rs. 500/- Expenses of bystander - Rs. 800/- Medical bills - Rs.16,600/- Extra nourishment - Rs. 1,000/- Pain and suffering - Rs.15,000/- Loss of amenities - Rs. 3,000/- Loss of earnings - Rs. 7,500/- 8. Taking into consideration the nature of the injuries sustained by the claimant and the period of treatment he has undergone, we feel that the compensation awarded by the Tribunal is just and reasonable. It follows that the claimant is not entitled to any enhanced compensation. In the result, the appeal fails and the same is hereby dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.863/06 4 MACA.No.863/06 5