IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 MACA.No. 1656 of 2005() ----------------------- OPMV.523/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- RAFEEQUE, AGED 15 YEARS (MINOR) REP. BY GUARDIAN MOTHER RUKKIYA, D/O. MOHAMMEDKUTTY, KUNNATH HOUSE, P.O. VAKKAD, MALAPPURAM DISTRICT. BY ADV. SRI.ESM.KABEER RESPONDENT(S): RESPONDENTS --------------- 1. KUNNATH SIDDIQUE KUTTY, S/O. BAVU, KUNNATH HOUSE, VADIKKAL, P.O. KOOTTAYI, (DRIVER OF KLF/1026 CHALLENGER) 2. O. PRAVEEN, OMNATT HOUSE, THIRUVANNUR P.O., CALICUT, (OWNER OF KLF/1026 CHALLENGER). 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, C.K.H. BUILDING, THAZHEPALAM, TIRUR-1, POLICE NO.5241-2001, OFFICE CODE 441005, (INSURER OF KLF/1026). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1656 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th 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.523/2001 of Motor Accidents Claims Tribunal, Tirur challenges the judgment and award of the Tribunal dated June 23, 2005 awarding a compensation of Rs. 35,000/- 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 is a boy aged 11. On April 11, 2001 at about 3.15 p.m, while he was standing on the side of the road, he was knocked down by a jeep bearing Reg.No.KLF-1026 driven by the first respondent. The claimant sustained serious injuries. According to the claimant, the accident occurred due to the rash and negligent driving of the offending jeep by first respondent. First respondent as the driver, second respondent as the owner and third respondent as the insurer of MACA.No.1656/2005 2 the offending jeep are jointly and severally liable to pay compensation to the claimant. 3. First respondent, the driver of the offending jeep remained absent and was set ex parte by the Tribunal. Second respondent, the owner of the offending jeep, though entered appearance did not file any written statement before the Tribunal. The third respondent, the insurer of the offending jeep, filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A9 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 found that the accident occurred due to the rash and negligent driving of the offending jeep by first respondent and awarded a compensation of Rs. 35,000/- with interest @ 6% 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.1656/2005 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 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. 7. The claimant sustained the following injuries as revealed from Ext.A2, the copy of the wound certificate and Ext.A3, the discharge card issued from the hospital. 1. Contusion over the chest. 2. Lacerated wound. 3. Fracture of pelvis bone and fracture of ilium. Ext.A9 CT scan report shows that there was a thin extradual haematoma in the left front parietal region. 8. The Tribunal awarded a total compensation of Rs.35,000/-. The break up of the compensation awarded is as under : Transport to hospital - Rs. 1,000/- Expenses of bystander - Rs. 2,700/- Medical expenses - Rs. 3,800/- Extra nourishment - Rs. 2,000/- Damage to clothing - Rs. 500/- Pain and suffering - Rs.12,000/- MACA.No.1656/2005 4 Loss of studies - Rs. 3,000/- Loss of amenities - Rs. 5,000/- Loss of expectation of life - Rs. 5,000/- 9. Learned counsel for the appellant argued that the claimant subsequently suffered mental abnormality and therefore the compensation awarded by the Tribunal is not adequate. 10. We are unable to agree. No document is produced before the Tribunal to show that claimant suffered any mental abnormality due to the injury sustained. 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. That being so, the claimant is not entitled to any enhanced compensation. It follows that the appeal has to be dismissed. In the result, the Appeal is dismissed. No cost. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1656/2005 5 MACA.No.1656/2005 6