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. 479 of 2010() ---------------------- OPMV.1437/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OP MV: ---------------------------------- JABI, S/O.PEENIKKAPARAMBAN LONAPPAN MANALAYI DESOM, KODASSERY VILLAGE, CHATTIKULAM P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS --------------- 1. JOSEPH A.MATTAM, MATTAM HOUSE, CHATTIKULAM P.O. 2. JAYAPRAKASAN, S/O.PULLIRIKKAL KARAPPAN, TRAMWAY LINE, CHALAKUDY P.O. 3. NATIONAL INSURANCE CO.LTD., THRISSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.479 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.1437/2006 of Motor Accidents Claims Tribunal, Irinjalakuda challenges the judgment and award of the Tribunal dated October 29, 2009 awarding a compensation of Rs. 74,000/- for the loss caused to him on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these : The claimant was aged 30 and used to earn Rs. 10,000/- from his business, according to him. On January 18, 2006, while he was riding his motor cycle bearing Reg.No.KL-8/Z 2119 at Balanpeedika, a jeep bearing Reg.No.KL-8/P 7347 driven by the second respondent came at a high speed and dashed against the motor cycle of the claimant. Claimant sustained serious injuries. According to the claimant, accident occurred due to the rash and negligent driving of the offending M.A.C.A.No.479/2010 2 jeep by second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending jeep are jointly and severally liable to pay compensation to the claimant. Claimant claimed a compensation of Rs. 3 lakhs. 3. Respondents 1 and 2, the owner and driver of the offending jeep remained absent and were set ex parte by the Tribunal. The third respondent, the insurer of the offending jeep, filed a written statement admitting the policy, but contending that the accident occurred due to the negligence on the part of the claimant. 4. Exts.A1 to A10 were marked on the side of the claimant before the Tribunal. On the side of the contesting third respondent, copy of the policy was marked as Ext.B1. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending jeep by second respondent and awarded a compensation of Rs. 74,000/-. 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 copy of the award, we are of the view that this appeal can M.A.C.A.No.479/2010 3 be disposed of even without notice to the respondents. 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. Claimant sustained comminuted fracture on the neck of left femur as revealed from Ext.A3, the copy of the wound certificate and Ext.A4, the discharge card issued from St.James Hospital, Chalakkudy. Ext.A5 is the discharge summary issued from Specialists Hospital, Ernakulam. Ext.A6, the certificate of disability shows that the claimant has a disability of 10%. 8. The Tribunal awarded a total compensation of Rs. 74,000/- . The break up of the compensation awarded is as under : Medical expenses -Rs. 42,900/- Hospitalisation expenses -Rs. 1,100/- Transportation expenses -Rs. 1,000/- Pain and suffering -Rs. 15,000/- Loss of amenities - Rs. 5,000/- Loss of income - Rs. 9,000/- ------------- Total - Rs. 74,000/- ========= M.A.C.A.No.479/2010 4 9. Counsel for the claimant sought enhancement of the compensation for the disability caused. Taking into consideration 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 follows that the claimant is not entitled to any enhanced compensation. That being so, the appeal has to be dismissed. In the result, the Appeal is dismissed. Parties shall bear their own costs. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. M.A.C.A.No.479/2010 5