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 7TH APRIL 2010 / 17TH CHAITHRA 1932 MACA.No. 496 of 2010() ---------------------- OPMV.1653/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER: --------------------------------------------- K.P.MOHAMMED, S/O.KUNJAMMOOTTY, AGED 59 YEARS, KOTTOOLIPPOYIL HOUSE, MORIKKARA POST, KAKKODY, KOZHIKODE. BY ADVS. SRI.R.BINDU (SASTHAMANGALAM), SRI.R.JAYAKRISHNAN. RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. MOYINKUTTY POCKER, S/O.MOYINKUTTY HAJI, NEAR ABDUL MASJID, ORAVANKARA, KALANAD VILLAGE, KASARAGOD. 2. K.A.MAHIN, S/O.ABDUL KADER, MADATHIL, KALANAD, KASARGOD. 3. THE UNITED INDIA INSURANCE CO.LTD., VELIMANNA BUILDING, THAMARASSERY, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BAHSEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 496 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 7th day of April, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P. (MV) No.1653 of 2004 of Motor Accidents Claims Tribunal, Kozhikode challenges the judgment and award of the Tribunal dated July 23, 2009 awarding a compensation of Rs.1,46,250/- for the loss caused to him, 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 59 at the time of the accident. On April 3, 2004 the claimant was riding his scooter bearing registration No. KL-11C 5880 and going to Elathur . When he reached near Vengari Overbridge, a car bearing registration No. KA-19 ME 4224, driven by the second respondent, came from the opposite side and dashed against the scooter of the claimant. The claimant sustained serious injuries. According to the claimant, the accident MACA 496/2010 2 occurred due to the rash and negligent driving of the offending car by the second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending car are jointly and severally liable to pay compensation to the claimant. The claimant claimed a compensation of Rs.3,50,000/-. 3. Respondents 1 and 2, the owner and driver of the offending car filed a written statement, admitting the accident, but denying the liability. The third respondent filed a written statement, admitting the policy. 4. Claimant was examined as PW1 and and Exts.A1 to A6 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents. The Tribunal, on an appreciation of evidence, awarded a compensation of Rs.1,46,250/-. 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. On going through the award, we felt that even without notice to MACA 496/2010 3 the respondents, this appeal can be disposed of. Therefore, no notice was issued to the respondent. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the second 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 ? 7. The claimant sustained the following injuries, as revealed from Ext.A2 copy of the wound certificate issued from the hospital and Ext.A3 copy of the discharge summary:- 1) Fracture on right femur. 2) Fracture on left tibia. 3) Fracture on right fibula upper end. 4) Blunt injury on abdomen. 5) Lacerated wound on right eyelid. 6) Tenderness at abdomen with full of free fluid. He was admitted on 3-4-2004 and discharged on 17-4- MACA 496/2010 4 2004. Ext.A4 is the copy of the reference card of the claimant. Ext.A6 series are medical bills. 8. The Tribunal awarded a total compensation of Rs.1,46,250/-. Break up of the amount awarded is as under :- Transportation expense : Rs.1,000/- Medical expense : Rs.1,25,000/- Bystander's expense : Rs.3,000/- Damage to clothing : Rs.250/- Pain and sufferings : Rs.17,000/- -------------------- Total : Rs.1,46,200/- ======== 9. The learned counsel for appellant submits that no compensation was awarded for disability caused and for the loss of amenities and enjoyment in life. We find no force in the above submission. Ext.A3 a copy of the discharge summary issued from the Specialists' Hospital, Ernakulam hospital is made available to us for perusal. It shows that the fracture united well, that there was no deformity and that the claimant has not suffered any disability due to injuries sustained. Therefore, the Tribunal is perfectly MACA 496/2010 5 justified in not awarding any compensation for the allegedly disability caused and for the loss of amenities and enjoyment in life. 10. Taking into consideration the nature of the injuries sustained and the period of treatment the claimant has undergone, we feel that the compensation awarded by the Tribunal is just and reasonable. Therefore, the claimant is not entitled to any enhanced compensation in this case. 11. Therefore, the appeal is devoid of merit and is liable to be dismissed. In the result, the appeal is dismissed. The parties shall bear their own cost. A.K. BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.