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 14TH JULY 2010 / 23RD ASHADHA 1932 MACA.No. 2085 of 2005() ----------------------- OPMV.2381/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- P.R. RAJAN, S/O. P.RAMANKUTTY, RESIDING AT PUTHIRITHARA HOUSE, VENGANELLUR P.O., CHELAKARA (VIA), THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.SREEKANTH.K.R SRI.JIBU P THOMAS RESPONDENT(S): RESPONDENTS: --------------------------- 1. THIMOTHY, S/O. INASU, RESIDING AT MURIYADAN HOUSE, OLLUKKARA VILLAGE, PARAVATTANI DESOM, THRISSUR DISTRICT. 2. JOSEPH, S/O. DEVASSI, RESIDING PULIKKOTTIL HOUSE, OLLUKKARA VILLAGE, PARAVATTANI DESOM, THRISSUR DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, BRANCH NO.2, K.P.N. SHOPPING COMPLEX, OPPOSITE THIRUVAMBADY TEMPLE, SHORNUR ROAD, THRISSUR-1. ADV. SRI.P.G.SURESH FOR R1 SRI.C.V.MANUVILSAN FOR R1 SRI.P.JAYASANKAR FOR R3 THIS MOTOR AC CIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2085 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of July, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.2381/2000 on the file of Motor Accidents Claims Tribunal, Thrissur. He sustained the following injury while the bus bearing Reg.No.KL-K-7315 in which he was travelling collided head on with a mini lorry bearing Reg.No.KL- 8C 7187 driven by the first respondent on June 22, 2000 at about 7.30 p.m. near Wadakkanchery, Thrissur : Fracture D/3 shaft humerus ( R) Type II open. 2. Alleging negligence against the first respondent, the claimant filed the O.P. under Section 166 of the Motor Vehicles Act claiming a compensation of Rs. 3 lakhs. 3. Respondents 1 and 2, the driver and the owner of the offending mini lorry remained absent and were set ex-parte by the Tribunal. The third respondent, the insurer of the offending vehicle admitted the policy, but contended that there was also negligence on MACA.No.2085/2005 2 the part of the driver of the bus. 4. The claimant was examined as PW1 and Exts.A1 to A10 series were marked on the side of the claimant before the Tribunal. Exts.X1 an X2 were also marked. On the side of the contesting third respondent, Ext.B1 was marked. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence on the part of the first respondent and awarded a compensation of Rs. 1,94,000/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs. 2,800/-. 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. 6. The Tribunal awarded a total compensation of Rs. 1,94,000/-. The break up of the compensation awarded is as under : Loss of earnings - Rs. 8,000/- Medical expenses - Rs. 12,000/- Pain and suffering - Rs. 10,000/- Loss of amenities in life - Rs. 8,000/- Disability - Rs. 1,56,000/- MACA.No.2085/2005 3 7. Counsel for claimant argued that Ext.A8 certificate of disability shows his percentage of disability as 50% and that therefore the compensation awarded by the Tribunal is quite inadequate. We are unable to agree. 8. 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. It follows that the claimant is 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.2085/2005 4 MACA.No.2085/2005 5