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 31ST MARCH 2010 / 10TH CHAITHRA 1932 MACA.No. 3235 of 2009() ------------------------------------ OPMV.1436/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV). ----------------------------------------------------- MOHANAN, S/O. NALPADATH GOKULAM GOPALAN NAIR, KHANNANAGAR DESOM, MURINGOOR-THEKKUMMURI VILLGE, KHANNANAGAR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY, SRI.A.N. SANTHOSH. RESPONDENTS/RESPONDENTS IN OP(MV). --------------------------------------------------------------- 1. K. PARAMESWARAN, S/O. KISHNAN NAIR, KOOTTALA HOUSE, SITARAM MILL ROAD, POOKUNNAM, THRISSUR. 2. BINASH, S/O. VELAYUDHAN PATTETH HOUSE, VALAYANKULAM, ALAMKODE VILLAGE, MALAPPURAM DISTRICT. 3. THE UNITED INDIA INURANCE CO.LTD., SIMIS COMPLEX, KURUPPAM ROAD, THRISSUR. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. A.K.BAHSEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 3235 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 31st day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P. (MV) No.1436 of 2005 of Motor Accidents Claims Tribunal, Irinjalakuda challenges the judgment and award of the Tribunal dated June 29, 2009 awarding a compensation of Rs.26,850/- 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 aged 50 at the time of the accident and used to earn Rs.3,000/- per month as Chief Security Officer, according to the claimant. On November 19, 2004 the claimant was walking along the side of the Thrissur - Ernakulam National Highway-47. When he MACA 3235/09 2 reached at Koratty a Qualis Jeep bearing registration No.KL8/AA 525, driven by the second respondent, came at a high speed and knocked him down. He sustained serious injuries. According to the claimant, the accident occurred due to the rash and negligent driving of the offending jeep by the second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending vehicle are jointly and severally liable to pay compensation to the claimant. The claimant claimed a compensation of Rs. 2,24,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending vehicle remained absent and were set ex parte by the Tribunal. The third respondent, the insurer of the offending vehicle filed a written statement, admitting the policy. 4. Exts.A1 to A8 were marked on the side of the claimant before the Tribunal. No. evidence was adduced by the respondents before the Tribunal. The Tribunal, on an appreciation of evidence, awarded a compensation of MACA 3235/09 3 Rs.26,850/-. 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. In the light of the order that is sought to be passed, notice to the respondents is not necessary. 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. Ext.A3 copy of the wound certificate issued from the St.James Hospital, Chalakudy shows that the claimant has sustained scalp injury 3 x 2 cm. over the right parietalarea and linear wound 3 x 2 c.m. on the left forehead. Ext.A6 CT investigation of brain revealed normal study. Ext.A4 discharge card shows that he was in the hospital for six days. Ext.A6 MRI investigation revealed MACA 3235/09 4 diffuse axonal injury. Ext.A7 is the prescription of an Ophthalmologist shows that there is anything wrong with the petitioner's sight. 8. Taking into consideration all these aspects, the Tribunal awarded a total compensation of Rs.26,850/-. Break up of the amount awarded is as under :- Loss of earning : Rs.3,000/- Transportation expense : Rs.500/- Medical expense : Rs.15,750/- Hospital expenses : Rs.600/- Pain and sufferings : Rs.7,000/- -------------------- Total : Rs.26,850/- ======== 9. The learned counsel for appellant argued that the Tribunal did not award any compensation for the disability caused and the Tribunal ought to have taken the monthly income of the claimant as Rs.3,000/-. 10. There is no substance in the above contention. No certificate is produced to show that the claimant has suffered any disability. There is no document to prove his income. MACA 3235/09 5 11. Having regard to all these aspects, we are of the view that the compensation awarded by the Tribunal is reasonable and that the claimant is not entitled to any enhanced compensation. Consequently, the appeal is devoid of any merit and the same is liable to be dismissed. In the result, the appeal is dismissed No costs. A.K. BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.