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 12TH JANUARY 2011 / 22ND POUSHA 1932 MACA.No. 41 of 2011() ----------------- OPMV.154/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI ................... APPELLANT / PETITIONER : ----------------------------------------- KABEER, S/O.ABDULLA, POOZHIKUTH HOUSE, THANIPPARA, KARUVAMBRAM P.O., MANJERI, MALAPPURAM. BY ADV. SRI.BABU S. NAIR RESPONDENT / 3RD RESPONDENT : ---------------------------------------------------- UNITED INDIA INSURANCE CO.LTD., MANJERI, PIN - 676 121. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn A.K. BASHEER & P.Q. BARKATH ALI,JJ. ........................................... M.A.C.A.NO.41 OF 2011 ............................................. Dated this the 12th day of January, 2011. J U D G M E N T Barkath Ali, J: Appellant in this appeal is the claimant in O.P.(MV) No.154/2000 on the file of the Motor Accidents Claims Tribunal, Manjeri. In this appeal he challenges the judgment and award of the Tribunal dated July 27, 2004 awarding a compensation of `62,300/= for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on September 12, 1999. While the claimant was pillion riding on a motor cycle bearing Reg.No.KL10/B 4858 from Thurakkal to Paliyaparamba and when he reached at Thurakkal, due to the negligence of the rider of the motor cycle, it capsized on the side of the road. The claimant sustained the following injury in the accident: “Lacerated would left elbow with cut muscle radial artery”. 3. Alleging negligence against the first respondent, : 2 : M.A.C.A.NO.41 OF 2011 the rider of the motor cycle, the claimant filed the original petition before the Tribunal claiming a compensation of Rs. 3,00,000/= 4. Respondents 1 and 2, the rider and owner of the offending motor cycle remained absent before the Tribunal. The third respondent, insurer of the offending motor vehicle, filed a written statement, admitting the policy. 5. The claimant was examined as PW1 and Exts. A1 to A9 and Ext.X1 were marked on his side before the Tribunal. No evidence was adduced by the contesting third respondent. On an appreciation of the evidence the Tribunal found that the accident occurred due to negligence of the first respondent and awarded a compensation of `62,300/= with interest at the rate of 6% per annum from the date of petition till realisation and a cost of `2,500/=. The claimant has now come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 6. On going through the impugned award of the Tribunal, we felt that even without issuing notice to the insurance company, this appeal can be disposed of. Hence : 3 : M.A.C.A.NO.41 OF 2011 no notice is issued to the respondents. 7. Heard the learned counsel for the appellant. The only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. The Tribunal awarded a total compensation of `62,300/=. Break up of the compensation awarded is as under: Transport to hospital : `500/= Extra nourishment : `600/= Bystander's expenses : `600/= Medical expenses : `21,850/= Pain and suffering : `5000/= Disability : `33,750/= -------------- `62,300/= === === 8. The learned counsel for the claimant sought enhancement of compensation awarded for the disability caused and on other heads. Taking into consideration nature of the injuries sustained by the claimant and the period of treatment he has undergone and the fact that at the time of accident he was a student aged 15, we feel that : 4 : M.A.C.A.NO.41 OF 2011 compensation awarded by the Tribunal is just and reasonable. It follows that the claimant is not entitled to any enhanced compensation. Consequently the appeal has to be dismissed. In the result, the appeal is dismissed. No costs. A.K. BASHEER, JUDGE. P.Q. BARKATH ALI,JUDGE. cl : 5 : M.A.C.A.NO.41 OF 2011