IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 MACA.No. 730 of 2010() ---------------------- OPMV.775/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT(S): 3RD RESPONDENT ---------------------------- UNITED INDIA INSURANCE COMPANY LTD., KOZHIKODE, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, "SHARANYA", HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONER ------------------------- IBRAHIM, S/O. MOIDEEN, KAYILAMBATH HOUSE, JANAKEEYA MUKKU, MEPPAYOOR P.O., QUILANDY TALUK, KOZHIKODE DIST. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.730 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of July, 2010 JUDGMENT Barkath Ali, J. The appellant Insurance Company was the third respondent in O.P.(MV)No.775/2007 of Motor Accidents Claims Tribunal, Vadakara. The claimant in the O.P. filed a petition under Section 166 of the Motor Vehicles Act claiming a compensation of Rs. 3 lakhs for the injury sustained by him in a motor accident which occurred on February 17, 2007. While he was standing by the side of the road, a motor cycle bearing Reg.No.KL-56-4390 knocked him down. The claimant has alleged negligence against the second respondent in the O.P., the rider of the motor cycle. First respondent in the O.P. was the owner and third respondent was the insurer of the said motor cycle. 2. First respondent in the O,P, the owner of the offending motor cycle before the Tribunal in his written statement admitted the accident. The second respondent, the rider of the motor cycle remained absent and was set ex parte by the Tribunal. The third respondent, the insurer of the offending motor cycle in the written statement admitted the policy. MACA.No.730/2010 2 3. Exts.A1 to A6 were marked on the side of the claimant and no evidence was adduced by the respondents. On an appreciation of evidence, the Tribunal awarded a compensation of Rs.100,180/- with interest @ 7.5% per annum from the date of petition till realisation and a cost of Rs. 10,000/-. The third respondent Insurance Company has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the appellant /Insurance Company and the counsel for the respondent/claimant 5. The only question which arises for consideration in this case is whether the compensation awarded by the Tribunal is excessive. 6. The claimant sustained the following injuries as revealed from Ext.A2, copy of the wound certificate issued from Medical College Hospital, Calicut. Lacerated wound 4 x 2 cm. on the upper 1/3 ( R) leg, lacerated wound 2 x 1 cm. on the scalp temporal region (R ) and X-ray showed fracture both bones ( R) leg. 7. The Tribunal awarded a total compensation of Rs. 1,00,180/-. the break up of the compensation awarded is as under : MACA.No.730/2010 3 Hospitalisation - Rs. 3,800/- Bystander exp. - Rs. 900/- Medical bills - Rs. 9,280/- Loss of amenities - Rs.15,000/- Extra nourishment - Rs. 5,000/- Loss of income - Rs. 27,000/- Pain and suffering - Rs. 35,000/- Transportation - Rs. 4,200/- 8. Taking into consideration the nature of the injury sustained by the claimant and the period of treatment he has undergone and in the circumstances of the case and also the fact that the Tribunal took the monthly income of the claimant as only Rs. 3,000/- per month, we feel that the compensation awarded by the Tribunal is just and reasonable. We therefore find no reason to interfere with the award passed by the Tribunal. In the result, we find no merit in the appeal and the same is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.730/2010 4 MACA.No.730/2010 5