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 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 MACA.No. 1123 of 2009() ----------------------- OPMV.2453/2000 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ STANDLY FERNANDEZ,S/O.LATE JOHN FERNANDEZ,AGED 53 YEARS,RESIDING AT FLORANCE VILLA, P.O. PUTHANANGADI,(VIA) ANGADIPURAM, MALAPPURAM. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.PRAISHEEL PRAKASAM RESPONDENT(S): RESPONDENTS -------------------------- 1. K.K.SARADA,D/O.GOVINDAN, AGE NOT KNOWN RESIDING AT KOILOTHAZHE KUNIYIL HOUSE, KANNAMVALLY,P.O. PANNOOR, THELICHERY. (OWNER OF THE CAR NO.KL-13/A-2595) 2. NATIONAL INSURANCE COMPANY LTD., NARANGAPURAM, TELLICHERY, (INSURER OF THE CAR NO.KL-13/A-2595) 3. MANAGING PARTNER, MARYFIELD RUBBER, P.B.NO.3634,MADEENA MASJID SHOPPING COMPLEX PULLEPPADY, ERNAKULAM,(OWNER OF THE CAR NO. KL-7M-1377) 4. NEW INDIA ASSURANCE COMPANY LIMITED M.G.ROAD, TELLICHERY, (INSURER OF THE CAR NO.KL-7M-1377) ADV. SRI.RENIL ANTO KANDAMKULATHY FOR R4 SRI.JOE KALLIATH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1123 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of November, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.2453/2000 on the file of Motor Accidents Claims Tribunal, Kozhikode. In this appeal, he challenges the judgment and award of the Tribunal dated May 6, 2008 awarding a compensation of Rs.8,900/- for the loss caused to him on account of the injuries sustained in a motor accident. He sustained the following injuries in that accident that occurred on February 2, 2000 at about 9.30p.m. : Lacerated wound near right eye 3 x 4 cm., haematoma 4 x 3 cm., middle 1/3rd of right eye and bruise over upper lip. 2. The accident happened while the claimant was travelling in a car bearing Reg.No.KL-13/A-2595 from Kozhikode to Thalassery and when he reached at Puthiyangadichal, the car collided head on with another car bearing Reg.No.KL-7/M-1377. Alleging negligence against the driver of the car bearing Reg.No.KL-13/A-2595, the MACA.No.1123/09 2 claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs.50,000/-. 3. Respondents 1 and 2 are the owner and insurer of the car bearing Reg.No.KL-13/A-2595 and respondents 3 and 4 are the owner and insurer of the car bearing Reg.No.KL-7/M-1377. Respondents 1 and 3 remained absent before the Tribunal. Respondents 3 and 4, the insurers of the vehicle filed written statements admitting the policy of the respective vehicles. 4. Exts.A1 to A7 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the car bearing Reg.No.KL-13/A-2595 and awarded a compensation of Rs.8,900/- with interest @ 7% per annum from the date of petition till realisation and a cost of Rs. 200/- against respondents 1 to 3. 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 and the MACA.No.1123/09 3 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 driver of the car bearing Reg.No.KL-13/A-2595 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 Tribunal awarded a compensation of Rs. 8,900/-. The break up of the compensation awarded by the Tribunal is as under : Transport to hospital - Rs. 500/- Extra nourishment - Rs. 500/- Damage to clothes - Rs. 500/- Medical expenses - Rs.1,800/- Bystander expenses - Rs. 600/- Pain and suffering - Rs.3,000/- Temporary loss of income - Rs.2,000/- 8. Counsel for the claimant argued that the claimant subsequently developed swelling on the right arm and undergone treatment to that effect and therefore the compensation awarded by the Tribunal is quite inadequate. But Ext.A2 copy of the wound certificate does not show any injuries on his right arm. Therefore, the Tribunal is perfectly justified in not granting any amount for the said treatment. MACA.No.1123/09 4 Taking into consideration the nature of the injury sustained by the claimant 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, the claimant is not entitled to any enhanced compensation and the appeal has to be dismissed. In the result, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1123/09 5