IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE M.R.ANITHA MONDAY, THE 17^TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943 MACA NO. 2278 OF 2009 OPMV 342/2001 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, WAYANAD, KALPETTA APPELLANT (PETITIONER)

THRIDEEPAN, AGED 29 YEARS, S/O NANU A.R.

PALLIMURI HOUSE, ATHIRATTUKUNNU P.O., KENICHIRA (VIA), S.BATHERY TALUK, WYNAD DISTRICT BY ADV SRI.N.J.ANTONY RESPONDENT (RESPONDENTS)

1.SABU,M.D AGED NOT KNOWN, S/O DEVASSYA, MOOTHEDATH HOUSE, ATHIRATTUKUNNU POST, KENICHIRA (VIA), S.BATHERY TALUK, WAYANAD DISTRICT, (DRIVER OF THE JEEP NO.KL-

12A/6570. D.L.NO. NOT KNOWN.

2. REMANAN, AGE AND FATHER'S NAME NOT KNOWN, VENGATHANATH HOUSE, KENICHIRA POST, S.BATHERY TALUK, WAYANAD DISTRICT (OWNER OF THE JEEP NO.KL-12A/6570)

3. UNITED INDIA INSURANCE CO.LTD, KALPETTA (POLICY NO.

NOT KNOWN)

BY ADVS.

SRI.M.P.ASHOK KUMAR SRI.P.C.GOPINATH SRI.P.K.MANOJKUMAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 6.1.2022, THE COURET ON 17.01.2022 DELIVERED THE FOLLOWING:

JUDGMENT Dated : 17^th January, 2022

1.The appellant is the claimant in OP.(MV).342/2001 on the file of Motor Accidents Claims Tribunal, Wayanad, Kalpetta. The claim petition has been filed under Section 166 of the Motor Vehicles Act, 1988 (in short the Act) claiming compensation on account of the injury sustained by the appellant/claimant.

2.It is alleged that on 22.4.2001, at about 1.30 pm, while the appellant was standing on the side of Vellaramkunnu road, a Jeep bearing registration No.KL-12A/6570, came in a rash and negligent manner and knocked him down and thereby he sustained grievous injuries. Immediately he was taken to District Hospital, Mananthavadi. It is alleged that the accident occurred due to the rash and negligent driving of the jeep by the 1^st respondent. 2^nd respondent is the owner and 3^rd respondent is the insurer of the jeep.

3.Respondents 1 and 2 remained ex parte to the proceedings before the Tribunal. 3^rd respondent/insurer filed written statement admitting the insurance coverage with respect to the offending vehicle. It is also contended that the accident occurred due to the negligence of the petitioner. The claims made under various heads are also denied by the 3^rd respondent.

4. There was no oral evidence from either side.Exts.A1 to A4 were marked from the side of the appellant/claimant (hereinafter referred as claimant).

5.Heard the learned counsel for the claimant as well as the standing counsel for the 3^rd respondent/insurer.

Lower Court Records were called for and perused.

6.The tribunal on evaluating the pleadings and materials on record, found that accident occurred due to the rash and negligent driving of the jeep bearing registration No.KL-12A/6570, by the 1^st respondent. Hence the 2^nd respondent/owner was held vicariously liable and since the vehicle is covered by policy of insurance, the 3^rd respondent was held liable to make good the loss sustained by the claimant. Total compensation awarded by the tribunal is Rs.7750/- with 6% interest per annum from the date of filing of the petition, less the amount if any paid under Section 140 of the Act.

7.Dissatisfied with the quantum of compensation awarded by the tribunal under various heads, the claimant came up in appeal before this Court on various grounds stated in the memorandum of appeal.

8.Finding of the Tribunal with regard to rashness and negligence on the part of 1^st respondent and liability of the respondents is not disputed. The challenge is with regard to the quantum of compensation awarded by the Tribunal alone.

9.The learned counsel for the claimant argued that the monthly income claimed by the claimant was Rs.4000/-. But the tribunal fixed the monthly income as Rs.2100/-. It is very low. He would also contend that the compensation awarded towards loss of earning towards transportation charges,- towards extra nourishment; - damage to clothing , bystander expenses; and Rs.500/- awarded towards medical expenses are very low.

10. The learned counsel