IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 MACA.No. 781 of 2010() ------------------------------ OPMV.658/2003 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONERS ------------------------- K.GEORGE VARGHESE, AGED 66 YEARS, SON OF LATE K.V.VARGHESE, 34/2331 A, KANNAYATH ROAD, MAMANGALAM, PALARIVATTOM P.O., EDAPPALLY SOUTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER SMT.BEENA DEVASSY RESPONDENT(S): --------------- 1. A.P.MATHEW, S/O.A.M.PAULOSE, 60, KEMPATTY COLONY, STREET NO.7, UPPUMANDI SOUTH, COIMBATORE-1. 2. S.KALIMUTHU, S/O.SUBRAMANIAN, 3/69, S.M.NAGAR, METTUPPALAYAM, TAMIL NADU. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, ERNAKULAM, KOCHI-682 016. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A.K. BASHEER & P.Q. BARKATH ALI JJ. --------------------------------------------------- M.A.C.A NO. 781 OF 2010 ---------------------------------- DATED THIS THE 3rd DAY OF JUNE, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in OP(MV)No. 658/2003 on the file of the Motor Accidents Claims Tribunal, Ernakulam challenges the judgment and award of the Tribunal dated 21.4.2009 awarding a compensation of Rs. 2,62,876/- 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 and was a consultant in O.E.N India Ltd. and was earning Rs. 9,000/- per month, according to him. On Janurary 2, 2003 at about 3.3.0 p.m. the claimant was driving a car bearing registration No. KL-7/Y3618 along Ernaulam–Alappuzha national highway. When he reached near Cherthala Police Station, a lorry bearing registration No.TN 37K 8757 came at a high speed from the M.A.C.A NO. 781 OF 2010 2 opposite side and dashed against the car driven by the claimant. The claimant sustained serious injuries. According to the claimant, the accident occurred due to the rash and negligent driving of the offending lorry by the 2nd respondent. The 1st respondent as the owner, 2nd respondent as the driver and 3rd respondent as the insurer of the offending lorry are jointly and severally liable to pay compensation to the claimant. 3. The claimant claimed a total compensation of Rs. 8 lakhs. Respondents 1 and 2, the owner and driver of the offending lorry remained absent and was set exparte by the Tribunal. The 3rd respondent, insurer of the offending lorry filed a written statement admitting the policy and further contended that there was also negligence on the part of the claimant. 4. PW1 and PW2 were examined and Exts. A1 to A23 were marked on the side of claimant. No evidence was adduced on the side of the contesting 3rd respondent. On an appreciation of evidence, Tribunal awarded a compensation of Rs.2,62,876/- with M.A.C.A NO. 781 OF 2010 3 interest at the rate of 7.5% per annum from the date of petition till realization. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant. No notice was issued to the respondents as on going through the judgment of the Tribunal, we felt that the appeal can be disposed of even without issuing 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 2nd 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.A5, the copy of the wound certificate issued from the Medical Trust Hospital, Ernakulam and also from Exts. A7 and A8, discharge summaries issued by the above hospital. The claimant was suffering from fat embolism syndrome, fracture right acetabulum, M.A.C.A NO. 781 OF 2010 4 fracture dislocation left sacro iliac joint, public symphysis diastasis and type VI shatzker right tibial plateau fracture. 8. Ext.A9 is the disability certificate issued by the General Hospital, Ernakulam, which shows that the claimant has a permanent disability of 25%. 9. The Tribunal awarded a total compensation of Rs. 2,62,876/-. The break up of the award amount is as under: Medical expenses(supported by bills) :Rs. 1,36,876.00 Transportation, damage to clothes :Rs. 1,000.00 Attendant expenses & extra nourishment :Rs. 15,000.00 Shock, pain and suffering :Rs. 40,000.00 Towards permanent disability :Rs. 45,000.00 Loss of amenities and conveniences :Rs. 25,000.00 -------------------- :Rs.2,62,876.00 ============== 10. The counsel for the claimant argued that the compensation awarded for the disability caused, for pain and suffering and for loss of amenities and enjoyment of life are very low as the claimant has spent more than one lakh for his treatment. We are unable to agree. Taking into consideration of the nature of M.A.C.A NO. 781 OF 2010 5 injuries 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 and we find 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 cost. A.K. BASHEER (JUDGE) P.Q. BARKATH ALI (JUDGE) PKK M.A.C.A NO. 781 OF 2010 6