IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA No. 146 of 2007()
1. STATE EXPRESS TRANSPORT CORPORATION,
... Petitioner
Vs
1. C.CHANDRASEKHARAN NAIR,
... Respondent
2. THE DEPOT IN-CHARGE, SETC,
3. RAMANATHAN, DRIVER,
4. AYYAPPAN OF NAGER COIL,
For Petitioner :SRI.SUBHASH CYRIAC
For Respondent : No Appearance
The Hon'ble MR. Justice M.RAMACHANDRAN
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :30/01/2007
O R D E R
M. Ramachandran & S. Siri Jagan, JJ.
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M.A.C.A. No. 146 of 2007
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Dated this, the 30th January, 2007.
J U D G M E N T
Siri Jagan, J.
Owner of an offending vehicle in a motor accident claim has
come up in appeal against the award of the M.A.C.T., Attingal in O.P
(MV) No. 782/99 in which for the injuries and consequent disabilities
suffered by the injured claimant, a total compensation of Rs. 27,140/-
has been awarded. The owner challenges the award both on the
ground of lack of negligence on the part of the driver as also excessive
amount of compensation awarded.
2. We have gone through the award. From the award, we find
that the Tribunal had given very cogent reasoning for coming to the
conclusion that the driver of the vehicle was in fact negligent.
Neither the appellant nor the driver of the vehicle has cared to
adduce any evidence to rebut the evidence adduced by the injured to
prove the negligence of the driver. That being so, we do not find any
merit in the challenge against the finding of the Tribunal that the
accident occurred on account of the negligence of the driver.
3. Regarding the amount of compensation, as against a total
amount of Rs. 65,000/- claimed by the injured, the Tribunal had
awarded an amount of Rs. 27,140/- under the following heads:
"Pain and suffering Rs. 10,000/-
Transport of hospital Rs. 01,500/-
Hospitalisation & Transport Rs. 02,000/-
Loss of income Rs. 01,000/-
Damage to clothing Rs. 00.500/-
Extra nourishment Rs. 02,000/-
M.A.C.A. No. 146/2007 -: 2 :-
As per medical bills & X-ray Rs. 01,500/-
Disability compensation
(1800x12x8x5/100) Rs. 08,640/-
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Total Rs. 27,140/-
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On a consideration of the reasoning given by the Tribunal for
arriving at these amounts as compensation, we do not find any
reason to interfere with the same on the ground that the same is
excessive.
In view of our above finding, there is no merit in the appeal and
the same is accordingly dismissed.
Sd/- M. Ramachandran, Judge.
Sd/- S. Siri Jagan, Judge.
Tds/
[True copy]
P.S to Judge.