IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 MACA.No. 1375 of 2010() ----------------------- OPMV.681/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER ------------------------ M.R.SATHYAN, S/O.RAGHAVAN, MUKKOTTIL HOUSE, THEVAKKAL, ALUVA WEST VILLAGE, EDTHALA P.O., KANAYANNUR TALUK, ERNAKULAM, KOCHI-21. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS --------------- 1. ALICE SAJEEV, W/O.P.K.SAJEEV, PEECHAKKARA HOUSE, KOTHAMANGALAM. 2. GEORGE MATHEW @ GEORGE, S/O.MATHEW, MATHIKKUZHIYIL HOUSE, NELLIMATTOM KARA, KUTTAMANGALAM VILLAGE (VIA), KOTHAMANGALAM. 3. UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, ERNAKULAM, KOCHI-16. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1375 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of September, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.681/2005 on the file of Motor Accidents Claims Tribunal, Ernakulam. He sustained the following injuries in a motor accident that occurred on November 18, 2004 at about 5.15 p.m.: 1. Segmental fracture ( R) femur 2. Displaced fracture ( R) patella 3. Rolando's fracture ( R) hand 4. Fracture head of ( R) third metacarpal 5. Deep lacerated wound ( R) knee 6. Lacerated wound over occipital region and over ( R) leg. 7. Contusion on ( L) side of chest with lacerated wound anterior chest wall. 2. The accident happened while the claimant was riding the motor cycle bearing Reg.No.KL-6/8753 along Thevakkal- Kangarappady road and reached near Kangarappady, a bus bearing Reg.No.KL-7/Z 5004 driven by the second respondent came in a rash and negligent manner and knocked him down. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a MACA.No.1375/2010 2 compensation of Rs. 3,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending bus remained absent before the Tribunal. The third respondent, the insurer of the offending bus filed a written statement admitting the policy and further contended that the accident occurred due to the negligence of the claimant. 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 bus by second respondent and awarded a compensation of Rs. 1,92,000/- with interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. 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. On going through the judgment and award of the Tribunal, we felt that this appeal can be disposed of even without issuing notice to the MACA.No.1375/2010 3 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 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 break up of the compensation awarded is as under : Pain and suffering - Rs. 30,000/- Loss of amenities and enjoyment in life - Rs. 20,000/- Loss of earnings - Rs. 7,500/- Transportation - Rs. 1,000/- Extra nourishment - Rs. 1,000/- Attendant' expenses - Rs. 4,500/- Treatment expenses - Rs. 26,382/- Damage to clothing - Rs. 500/- Disability - Rs. 96,000/- Future treatment exp. - Rs. 5,000/- 8. The claimant is a painter aged 30 at the time of accident. His income was taken as Rs. 2500/- per month by the Tribunal. The claimant has suffered a permanent disability of 40% as seen from Ext.X1, the certificate of disability issued by the Medical Board. He has now traumatic stiffness of right knee, shortening of right lower MACA.No.1375/2010 4 limb, deformity of right ankle and poor grip strength of right hand. 9. Taking into consideration the nature of the injuries sustained and the period of treatment undergone by the claimant and the above aspects, we feel that the compensation awarded by the Tribunal is just and reasonable. Therefore, the claimant is found not entitled to any enhanced compensation. That being so, we find no merit in this appeal and the same has to be dismissed. In the result, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1375/2010 5