IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 MACA.No. 491 of 2003(B) ----------------------------- OPMV.726/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): 2ND RESPONDENT ---------------------------------------- MANAGING DIRECTOR, CHERAN TRANSPORT CORPORATION, METTUPALAYAM ROAD, COIMBATORE PRESENTLY RE-DESIGNATED AS TAMIL NADU STATE TRANSPORT CORPORATION (COIMBATORE DIVISION NO.1), 37, METTUPALAYAM ROAD, COIMBATORE. BY ADV. SRI.P.RAVINDRAN (SR.) SRI.V.G.SANKARAN RESPONDENT(S): CLAIMENT/1ST RESPONDENT ------------------------------------------------------- 1. KRISHNANKUTTY, S/O. NAGAPPAN AGED 38 YEARS ERRISERI, THEKKEDESOM VILLAGE, THEKKEDESOM POST, PALAKKAD DISTRICT. 2. B. JAYARAJ, S/O. NALLAMUTHU, DOOR NO. 20, THAYIRITTIRI, RATHAPURI, COIMBATORE. ADV. SRI.A.K.MADHAVAN UNNI FOR R1 SRI.SREELAL N.WARRIER FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 491 OF 2003 = = = = = = = = = = = = = = = Dated this the 1st day of December, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV)726/94. The claimant, while driving an auto rickshaw, sustained injuries in a road accident and the Tribunal has awarded him a total compensation of Rs.98,700/- towards compensation for injury as well as for damages sustained to the auto rickshaw. It is challenging that award the Transport Corporation has come in appeal. 2. Learned counsel for the Corporation very strongly contends before me that the Tribunal has erred in fixing the negligence as well as in awarding the quantum. The Tamil Nadu Transport Corporation bus was proceeding from Thrissur to Coimbatore, i.e. from south to north. According to the Corporation an auto rickshaw which was coming from the opposite direction overtook a parked bus came to the wrong side and hit on the transport bus resulting in the M.A.C.A. NO. 491 OF 2003 -:2:- accident. The learned Tribunal considered the question and found that the accident as per the scene mahazar had taken place 90 cms. west of the eastern tarred end. Since the transport bus was proceeding from south to north its correct side was western side. The accident had taken place almost on the eastern extremity of the road which shows that the transport bus was absolutely on the wrong side. The contention that there was a bus parked and the auto rickshaw over took and hit on the transport bus cannot be believed for the reason that the place of accident itself speaks about who is responsible for the accident. There is no serious challenge against the scene mahazar and therefore in the light of the said documentary evidence I cannot disturb the finding of the Tribunal on the question of negligence. 3. Next is regarding the quantum. A perusal of the award would reveal that the claimant had sustained a fracture on the femur and he was admitted in the hospital on 13.10.93, internal fixation done on 26.10.93 and discharged M.A.C.A. NO. 491 OF 2003 -:3:- on 10.11.93. He was again admitted in the hospital on 10.1.94 and discharged on 14.1.94. The Tribunal did not accept the disability of 12% but only accepted it at 10% and applied a multiplier of 15 in calculating the compensation. It fixed the income at Rs.1,500/- per month and has granted six months loss of earnings which does not appear to be incorrect because there had been prolonged treatment. Similarly, towards transport expenses, extra nourishment, bystander's expenses etc. the Tribunal has only awarded a reasonable amount. For pain and sufferings it awarded Rs.10,000/- and calculated the disability compensation at 10% and awarded a total sum of Rs.27,000/- under that head. But it did not grant any amount towards loss of amenities and enjoyment in life. 4. Similarly, the Tribunal has granted only an amount of Rs.5,000/- towards damage to the auto rickshaw. The Tribunal would have been satisfied with the ownership of the vehicle as the Assistant Motor Vehicle Inspector has inspected the vehicle and it was on the basis of that A.M.V.I. M.A.C.A. NO. 491 OF 2003 -:4:- Report the Tribunal calculated the damages. It has only awarded a reasonable amount of Rs.5,000/- for repair of the auto rickshaw which had its front fork bent, head lamp broken, mud guard totally dent, shield dent besides other damages. So on an over all analysis of the entire materials it has to be held that the Tribunal has only arrived at a proper finding and awarded a reasonable compensation that does not call for any interference. Therefore the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-