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 2ND JUNE 2010 / 12TH JYAISTHA 1932 MACA.No. 830 of 2010() ---------------------- OPMV.918/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): PETITIONER: -------------------------------------------- ANTONY I.S., S/O.STANSLAWANS, ITTIPATTA HOUSE, KOLENCHERY. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. SONY, S/O.JOSEPH, PUTHUKUNNEL, PUTHENPURAYIL HOUSE, NORTH MAZHUVANNOOR. 2. ABHILASH E.A., S/O.AYYAPPAN, IRUTTUKUZHIYIL HOUSE, PERINGOLE P.O., KOLENCHERY. 3. THE ORINETNAL INSURANCE CO.LTD., PALLIMUKKU, COCHIN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BAHSEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 830 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 2nd 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.918 of 2006 of Motor Accidents Claims Tribunal, Muvattpuzha challenges the judgment and award of the Tribunal dated February 4, 2010 awarding a compensation of Rs.1,70,300/- 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 a student, aged 18 at the time of the accident. On March 2, 2006 at about 3.45 p.m. the claimant was pillion riding on a motor cycle bearing registration No.KL-17E 1883, ridden by the second respondent. When they reached to the east of Puthupanam Petrol Pump, the second respondent lost control of the motor cycle, as a result of which, the motor cycle hit an electric post. The claimant sustained very serious injuries. MACA 830/200 2 According to the claimant, the accident occurred due to the negligence on the part of the second respondent. First respondent as the owner, second respondent as the rider and third respondent as the insurer of the offending motor cycle are jointly and severally liable to pay compensation to the claimant. The claimant claimed a compensation of Rs.2 lakhs. 3. Respondents 1 and 2, the owner and rider of the offending motor cycle, remained absent and were set ex parte by the Tribunal. The third respondent, the insurer of the offending motor cycle filed a written statement, admitting the policy, but denying the liability. 4. PW1 was examined and and Exts.A1 to A11 were marked on the side of the claimant before the Tribunal. Ext.B1 was marked on the side of the respondents. The Tribunal, on an appreciation of evidence, awarded a total compensation of Rs.1,70,300/- with 9% interest from the date of petition till realization. The claimant has now come up in appeal challenging the quantum of compensation MACA 830/200 3 awarded by the Tribunal. 5. Heard the counsel for the claimant. On going through the award of the Tribunal, we felt that the appeal can be disposed of even without notice to the respondents. Therefore, no notice was issued 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 second respondent, rider of the motor cycle, 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, a revealed from Ext.A5 accident-cum-wound certificate and Ext.A6 discharge certificate:- 1) Type II open comminuted fracture shaft of right femur. 2) Comminuted fracture right patella. 3) Un-displaced fracture distal end of radius, left. MACA 830/200 4 4) Soft tissue injury right shoulder. 5) Blunt injury abdomen. 6) Plain, tenderness right shoulder. 7) Lacerated wound 2 x 5 c.m. right thigh and swelling deformity right thigh. 8) Multiple abrasion right knee and left upper part leg and heel right posterior aspect. 9) Two punctured wounds over lateral aspect of u/3rd junction right thigh. The claimant was admitted in the hospital on March 2, 2006 and was discharged on March 14, 2006. Ext.A11 certificate of disability issued by PW1 shows that the claimant has now permanent disability of 13%. PW1 testified that the claimant has now the following disabilities:- 1) Right knee:- flexion is possible from 160-170 degree extension to 80-90 degree. 2) Not able to squat properly. 3) There is crepitus over the patella on movements of the knee suggestive of patella MACA 830/200 5 femoral arthritis. X-ray shows fracture femur united, no implant and fracture patella malunited, no implant. 8. The Tribunal awarded a total compensation of Rs.1,70,300/-. Break up of the amount awarded is as under :- Pain and suffering : Rs. 18,000/- Loss of amenity : Rs. 8,000/- Loss of earning : Rs. 6,000/- Transportation expense : Rs. 1,500/- Damage to clothing : Rs. 500/- Bystander's expense : Rs. 2,500/- Extra nourishment : Rs. 2,500/- Medical bills : Rs. 88,100/- Disability caused : Rs. 43,200/- -------------------- Total : Rs.1,70,300/- ======== 9. The learned counsel for appellant sought enhancement of compensation for the disability caused, pain and suffering endured and for loss of amenities and enjoyment in life. For the disability caused the Tribunal took the percentage of disability at 10%, took the monthly income of the claimant as Rs.2,000/-, adopted a multiplier of MACA 830/200 6 18, as he was aged 18, and awarded a compensation of Rs.43,200/-. The Tribunal also awarded Rs.18,000/- for pain and suffering and Rs.8,000/- for the loss of amenities and enjoyment in life. 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. lt follows that the claimant is not entitled to any enhanced compensation. Therefore,the appeal has to be dismissed. In the result, the appeal is dismissed. The parties shall bear their own costs. A.K. BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.