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 14TH JULY 2010 / 23RD ASHADHA 1932 MACA.No. 953 of 2010() ---------------------- OPMV.499/2003 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER ------------------------ JAYASREE, AGED 40, W/O. PRAHLADAN, KANNIKKADU PARAMBU, GANAPATHY TEMPLE ROAD, VADUTHALA, CHERANALLOOR VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.K.JANARDHANAN SRI.MANURAJ. K.J RESPONDENT(S): RESPONDENTS -------------------------- 1. K.A.THOMAS, KOCHUPARAMBIL HOUSE, 15/195 A, MOOLAMKUZHI, KOCHI-5. 2. KUNJUMON, S/O. YESODHARAN, KANIYANKUDIYIL VEETIL, THAIKKATTUKARA, ALUVA PADINJARE VILLAGE. 3. THE NATIONAL INSURANCE CO. LTD., ERNAKULAM BRANCH, KOCHI-25. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.953 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of July, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.499/2003 of Motor Accidents Claims Tribunal, Ernakulam. He sustained the following injuries in a motor accident that occurred on November 21, 2001 at 9.15 a.m. at South Kalamassery junction : 1. Abrasion on right forearm. 2. Laceration on right eyebrow, 3. Contaminated laceration with soft tissue loss on the dorsum of left hand, with loss of extensor tendons to index, middle and right fingers. 2. Claiming a compensation of Rs. 2,36,000/-, the claimant filed the O.P. under Section 166 of the Motor Vehicles Act before the Tribunal alleging negligence against the second respondent, the driver of the offending vehicle. 3. First respondent was the owner , second respondent was the driver and third respondent was the insurer of the offending vehicle. Respondents 1 and 2 remained absent before the Tribunal. The third MACA.No.953/2010 2 respondent, the insurer of the offending vehicle filed a written statement admitting the policy. 4. Ext.A1 to A10 were marked on the side of the claimant and no evidence was adduced by the contesting third respondent before the Tribunal. The Tribunal on an appreciation of evidence awarded a compensation of Rs. 2,04,302/- with interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. 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. No notice was issued to the respondents as on going through the award of the Tribunal, we felt that the appeal can be disposed of even without issuing notice to the respondents. 6. 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. 2,04,302/- . The break up of the compensation awarded is as under : MACA.No.953/2010 3 Loss of earning - Rs. 5,250/- Transport expenses - Rs. 500/- Extra nourishment - Rs. 500/- Damage to clothing and articles - Rs. 500/- Medical expenses - Rs. 49,072/- Attendant expenses - Rs. 1,200/- Shock, pain and suffering - Rs. 11,000/- Loss of amenities and enjoyment in life - Rs. 6,000/- Permanent disability - Rs.1,25,280/- Disfiguration - Rs. 5,000/- 8. The claimant has suffered a permanent disability of 25% as certified by the Medical Board in Ext.A8 certificate. The claimant was aged 38 and was employed as a teacher earning Rs. 5,000/- per month as proved by Ext.A6 certificate. The Tribunal took the percentage of disability as 25% and took her income as Rs. 2610/-and multiplier as 15 . 9. The counsel for the claimant submitted that the compensation awarded for the disability caused and on other heads is very low. We are unable to agree. 10. Taking into account the nature of the injury sustained and the period of treatment the claimant has undergone, we feel that the compensation awarded by the Tribunal is just and reasonable. It MACA.No.953/2010 4 follows that the claimant is not entitled to any enhanced compensation. That being so, we find no merit in this appeal and the same has to be dismissed. In the result, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.953/2010 5