IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 MACA.No. 1431 of 2010() ----------------------- OPMV.1536/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): PETITIONER ------------------------ K.SATHI RAJAN, W/O.M.V.RAJAN, 49 YEARS, LAKSHMI NIALAYAM, KUNHIMANGALAM VIA PAYYANNUR, KUNHIMANGALAM P.O. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): RESPONDENTS -------------------------- 1. T.V.PUSHPAJAN, S/O.NARAYANAN, 50 YEARS, THUNDIVALAPPIL HOUSE, COLMOTTA, P.O.NANICHERY, ANTHOOR AMSOM. 2. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 3. KERALA STATE INSURANCE, THIRUVANANTHAPURAM. ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1431 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of October, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1536/2003 on the file of Motor Accidents Claims Tribunal, Thalassery. He sustained the following injuries in a motor accident that occurred on June 19, 2003 at about 10.00 a.m. : Injury on the root apex within socket and one tooth was avulsed traumatically, retained apex removed etc. 2. The accident happened while the claimant was travelling in a K.S.R.T.C bus bearing Reg.No. KL-15-2161 driven by first respondent from Taliparamba to Payyannur and when it reached near Kuppam, due to the negligence of the driver of the K.S.R.T.C bus, it dashed against another bus bearing Reg.No.KL-13D-1945 Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 5,00,000/-. 3. Respondents 1 and 2, the driver and the owner of the MACA.No.1431/2010 2 offending bus filed written statements admitting the accident and further contended that the accident occurred due to the negligence of the driver of the other bus involved in the accident. The third respondent, the insurer of the offending bus filed a written statement denying the policy coverage of the K.S.R.T.C. bus. 4. Exts.A1 to A6 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending K.S.R.T.C. bus by first respondent and awarded a compensation of Rs. 14,800/- with interest @ 7.5% per annum from the date of petition till realisation and proportionate cost against respondents 1 and 2. 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 standing counsel for KSRTC. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the first MACA.No.1431/2010 3 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 : Transport to hospital - Rs. 500/- Pain and sufferings - Rs. 5,000/- Compensation for loss of one tooth- Rs. 3,000/- Medical expense - Rs. 2,300/- For O.P. treatment and miscellaneous expense - Rs. 4,000/- 8. Taking into consideration the nature of the injury sustained by the claimant, 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. In result, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1431/2010 4 MACA.No.1431/2010 5