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 23RD JUNE 2010 / 2ND ASHADHA 1932 MACA.No. 3028 of 2009() ----------------------- OPMV.1816/1999 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANT(S): PETITIONER ------------------------ VINOD, MOOLEKIZHAKKETHIIL, ERIKKAVU MURI, KUMARAPURAM. BY ADV. SRI.S.MOHANAN RESPONDENT(S): RESPONDENTS -------------------------- 1. JAYAKUMAR, KATTUVILA KIZHAKKETHIL, MYNAGAPPALLY, KUNNATHOOR. 2. M.M. HANEEF, S.S. MANZIL, KUNNANKODE, ADOOR. 3. NATIONAL INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, KOLLAM. ADV. SRI.S.PRASANTH FOR R1 SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.3028 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.1816/1999 of Motor Accidents Claims Tribunal, Mavelikkara challenges the judgment and award of the Tribunal dated November 29, 2008 awarding a compensation of Rs. 1,28,900/- 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 : On January 10, 1999 at about 3.30 p.m., the claimant was riding his motor cycle bearing Reg.No.KL-4D/6788. When he reached near Karuvatta Asramam junction, a jeep bearing Reg.No.KL-03C/1235 driven by the first respondent came at a high speed and dashed against the motor cycle of the claimant. He sustained serious injuries. According to the claimant, the accident occurred due to the rash and negligent driving of the offending jeep by second respondent. First respondent as the owner, second respondent as the driver and third MACA.No.3028/2009 2 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. 2,10,000/-. 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 and further contended that the compensation claimed is excessive. 4. This O.P. was jointly tried along with O.P.(MV) Nos.1969/1999 and 1849/99 and a common award was passed. Pws 1 and 2 were examined and Exts.A1 to A18 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence awarded a compensation of Rs. 1,28,900/- with interest @ 7.5% per annum from the date of petition till realisation. 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 counsel for the Insurance Company. MACA.No.3028/2009 3 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. The claimant sustained the following injuries as revealed from Ext.A18, copy of the wound certificate issued from the hospital. 1. Fracture of femur left. 2. Abrasion 1 cm. x 1 cm. on the left leg. 3. Abrasion 5 cm. x 5 cm. on the left knee joint. 8. Ext.A4 series are three discharge cards issued from Medical College Hospital, Alappuzha. Ext.A5 is the treatment certificate issued from Medical College Hospital, Alappuzha. Ext.A6 series are out patient tickets. Ext.A9 series and Ext.A10 are the photographs and negatives showing the injury on the left thigh of the claimant. Ext.A11 is the disability certificate showing that he has partial ankylosis of left knee with restricted movement. His disability was assessed as 9%. The claimant was a Mason aged 30 at the time of the accident and was earning Rs.4,500/- per month, according to him. 9. The Tribunal awarded a total compensation of MACA.No.3028/2009 4 Rs. 1,28,900/-. The break up of the compensation awarded is as under : Disability - Rs. 38,400/- Loss of earnings - Rs. 30,000/- Transport to hospital - Rs. 1,000/- Extra nourishment - Rs. 1,000/- Damage to clothing - Rs. 500/- Bystander expenses - Rs. 9,000/- Treatment expenses - Rs. 9,000/- Pain and suffering -Rs. 30,000/- Loss of amenities & enjoyment of life - Rs. 10,000/- 10. Counsel for the appellant sought enhancement of compensation for the disability caused and on other heads. 11. We have perused the documents and the judgment of the Tribunal. Taking into account the nature of the injuries sustained by the claimant and the disabilities caused to the claimant, we feel that the compensation awarded by the Tribunal is just and reasonable. Therefore, we feel that he 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. MACA.No.3028/2009 5