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 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 MACA.No. 605 of 2005() ---------------------- OPMV.662/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): APPELLANT/PEITIONER: ---------------------------------- K.G. BALAKRISHNAN, S/O. GOPI, AGED 46 YEARS, KALLIYATT HOUSE, P.O. KARTTIKULAM, BEGUR, MANANTHAVADY TALUK, WAYANAD DISTRICT. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): RESPONDENTS: --------------------------- 1. ABDULLA, S/O. AMMED, AGED 29 YEARS, PARAKANDY HOUSE, ANJUKUNNU AMSOM, KELLOOR DESOM, MANANTHAVADY TALUK, DRIVER-CUM- OWNER OF THE JEEP NO.KL-11/C 2278, D.L.NO.1930/93W 2. UNITED INDIA INSURANCE COMPANY, KALPETTA, POLICY NO.101601/31/001/11091/07359/1998 ADV. SRI.T.GOPALAKRISHNAN FOR R2 SRI.T.J.LAKSHMANAN IYER FOR R2 SMT.SREELEKHA.S.KUMAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/08/2010, THE COURT ON 02/09/2010 PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.605 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of September, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.662/1999 on the file of Motor Accidents Claims Tribunal, Kalpetta. He sustained fracture to his right medial malleolus in a motor accident which occurred on August 5, 1999 at about 5.45 p.m. The accident happened while the claimant was standing at the road side in front of G.H.S., Kattikulam, a jeep bearing Reg.No.KL 11/C 2278 driven by the first respondent came in a rash and negligent manner and ran over the right foot of the claimant. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 1,50,000/-. 2. Respondent No.1, the owner-cum- driver of the offending jeep remained before the Tribunal. The second respondent, the insurer of the offending jeep filed a written statement admitting the policy. 3. PW1 was examined and Exts.A1 to A8 were marked on the MACA.No.605/2005 2 side of the claimant before the Tribunal. No evidence was adduced by the contesting second respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent riding of the offending jeep by first respondent and awarded a compensation of Rs. 30,500/- with interest @ 9% per annum from the date of petition till realisation and proportionate cost. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the appellant/claimant and the counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the first 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. 6. The break up of the compensation awarded is as under : Loss of earnings - Rs. 4,500/- Transportation - Rs. 500/- Extra nourishment - Rs. 1,000/- Bystander expenses - Rs. 1,000/- MACA.No.605/2005 3 Treatment expenses - Rs. 3,500/- Pain and suffering - Rs. 5,000/- Disability - Rs.15,000/- 7. The claimant was a business man aged 47 at the time of the accident earning Rs. 5000/- per month,according to him. As there was no document to prove his income, the Tribunal took his income as Rs.1500/- per month, which appears reasonable. 8. 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. That being so, we find no merit in this appeal and the same has to be dismissed. In the result, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.605/2005 4 MACA.No.605/2005 5 MACA.No.605/2005 6 MACA.No.605/2005 7