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 9TH JULY 2010 / 18TH ASHADHA 1932 MACA.No. 1593 of 2004() ----------------------- OPMV.928/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANTS /PETNRS.2 TO 5 (PETITIONER NO.1 .P.K.KAMAL DIED). --------------------------------------------------------------- 1. MEHABOOB, W/O.LATE KHANI RAWTHER, PALAYAMANGALAM, AYILOOR P.O, CHITTUR TALUK. 2. SIRAJ, W/O.LATE KAMAL DO. DO. 3. FAIZAL, S/O.LATE KAMAL. DO. DO. 4. BINISHA, D/O.LATE KAMAL, DO. DO. BY ADV. SRI.C.RAGHAVAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. A.RAMESH, S/O.GOPALAN, PALAYAMANGALAM, AYILOOR P.O. NENMARA, PALAKKAD. 2. RAVEENDRAN, S/O.NARAYANAN,PUTHIYAPARAMBU VEEDU, MANDUPARAMBU, MALAPPURAM. 3. THE ORIENTAL INSURANCE CO.LTD., MALAPPURAM. 4. A.SEBASTIAN, S/O.ANTHONI, CHERUPARAMBIL VEEDU, NENMARA P.O. 5. M.PONNU, S/O.MURUKANDI, ATTANCHERRY VEEDU, THATHAMANAGALAM, CHITTUR TALUK. 6. NEW INDIA ASSURANCE CO., ANIKKODE JN, PALAKKAD. ADV. SRI.SANTHEEP ANKARATH FOR R5 SRI.THOMAS MATHEW NELLIMOOTTIL FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 1593 of 2004 ------------------------------------------------------ Dated: JULY 9, 2010 JUDGMENT Barkath Ali, J. In this appeal under sec.173 of the Motor Vehicles Act, claimants 2 to 5 in OP(MV) 928/1995 on the file of the Motor Accidents Claims Tribunal, Palakkad, challenge the judgment and award of the Tribunal, dated, June 30, 2004 awarding a compensation of Rs.15,250/- with interest at 9% per annum from the date of petition till realisation and cost of Rs.500/- for the loss caused to the deceased/first claimant on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these: On March 13, 1995 at about 6.30 p.m. the deceased/first claimant was pillion riding on a motorcycle bearing registration No.KLG 2636 from Ayiloor to Palayamangalam. When they reached at Karinkulam, Adiperanda a jeep bearing registration No.KL-10/C 4491 driven by the 1st respondent came at a high speed from the opposite side and dashed against the motorcycle of the 1st claimant. The deceased 1st claimant sustained serious injuries. According to him the accident occurred due to the negligence on the part of the 1st respondent. The 1st respondent as the driver, the 2nd respondent as the owner M.A.C.A. 1593 of 2004 2 and the 3rd respondent as the insurer of the offending jeep are jointly and severally liable to pay compensation to the claimant. The rider, owner and the insurer of the motorcycle were subsequently impleaded as supplemental respondents 4 to 6. The deceased 1st claimant claimed a compensation of Rs.1,32,250/-. 3. During the pendency of the OP the 1st claimant died. Therefore his legal heirs are impleaded as supplemental petitioners 2 to 5. Respondents 1 and 2, the driver and the owner of the offending jeep and respondent No.4, the rider of the motorcycle, remained absent and were set ex parte by the Tribunal. Respondent No.5, the owner of the motorcycle, filed a written statement contending that on January 2, 1995 he had sold the motorcycle to the 4th respondent and that therefore he is not liable to pay any compensation to the claimant. Respondents 3 and 6 Insurance Companies filed separate written statements admitting the policy and attributing negligence to the driver of the other vehicle. 4. This OP was tried along with OP Nos.929/1995 and 930/1995 filed by the rider of the motorcycle as well as another pillion rider of the motorcycle and a common award was passed. Pws.1 to 3 were examined and Exts.A1 to A24 were marked on the side of the claimants before the Tribunal. On the side of the respondents RW.1 M.A.C.A. 1593 of 2004 3 was examined and Exts.B1 to B7 were marked. On an appreciation of evidence the Tribunal awarded a compensation of Rs.15,250/- with interest @ 9% per annum from the date of petition till realisation and cost of Rs.500/-. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellants/claimants 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 1st respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimants are entitled to any enhanced compensation. 7. The deceased/1st claimant sustained the following injuries as revealed from Ext.A20, copy of the wound certificate issued from the Medical College Hospital, Thrissur:- “Lacerated wound 5 x 1 cm on right knee joint, communicating with the joint; Lacerated wound 3 x 1 cm skin deep on shin of tibia right”. 8. The Tribunal awarded a total compensation of Rs.15,250/-. The break up of the compensation awarded is as under:- loss of earnings @ Rs.1500/- for 4 months - Rs.6000/- M.A.C.A. 1593 of 2004 4 transport to hospital - 1000/- extra nourishment - 1000/- expenses for bystander/attendant - 750/- damage to clothing - 250/- medical expenses - 1750/- pain and suffering - 4500/- 9. The Counsel for the appellants/claimants sought enhancement of the compensation awarded for pain and sufferings and under other heads. He has pointed out that no compensation was awarded for the disability caused and loss of earnings. 10. Taking into consideration the nature of the injuries sustained and the period of treatment the deceased had undergone, we feel that the compensation awarded by the Tribunal is just and reasonable. It follows that the claimants are not entitled to any enhanced compensation. That being so, the appeal has to be dismissed. In the result the appeal is dismissed. No costs. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-