IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
MACA NO. 2044 OF 2014
OPMV 1660/2012 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE
APPELLANT/PETITIONER:
LISSY THOMAS
AGED 48 YEARS
W/O.THOMAS, RESIDING AT KANNAM PALLIYIL HOUSE
POST ATHIYODI, KOORACHUNDU, KOZHIKODE - 673 527
BY ADVS.
SRI.V.S.CHANDRASEKHARAN
SMT.LEKSHMI SWAMINATHAN
RESPONDENTS/RESPONDENTS:
1 P.ANANDAN,AGED 44 YEARS
S/O.RAMANKUTTY NAIR,
RESIDING AT PUTHIYAPARAMBATHU HOUSE POST,
KARUVISSERY, KOZHIKODE - 673 010.
2 UNITED INDIA INSURANCE COMPANY LIMITED
DIVL. OFFICE-II, WHITE LINES BUILDING,
KALLAI ROAD KOZHIKODE - 673 003
BY ADVS.
SRI.SANTHAN V.NAIR-R1
SRI.P.V.JYOTHI PRASAD-R2
P.K.MANOJKUMAR-R2
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION
ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 2044 OF 2014
2
JUDGMENT
The petitioner is the appellant. The claim was filed under Section 166 of the Motor Vehicles Act.
2. On 14.2.2012, at about 12.15.P.M, while she was travelling in an autorikshaw from S.M. street to Mofussil stand, the autorikshaw dashed on an iron bar on the footpath and overturned. Petitioner sustained injuries and she was immediately taken to Government General Hospital, Kozhikode and was treated there as an outpatient and thereafter, admitted in IQRAA Hospital, Malaparamba for ten days. The accident happened due to the negligence on the side of the 1st respondent who was owner cum driver of the autorikshaw at the relevant time.
3. Respondents 1 and 2 entered appearance and filed a written statement. According to the 1 st respondent, there was no negligence on his side in causing the accident. The vehicle was having a valid insurance with the 2nd respondent. The amount of compensation claimed is exorbitant.
4. The 2nd respondent admitted the policy and denied the liability. It is contended that the compensation claimed is MACA NO. 2044 OF 2014 3 exorbitant. The Tribunal relying on Exts.A1 to A6 awarded a compensation of Rs.74,470/-. It is aggrieved by the award of the Tribunal, this appeal is filed.
5. The learned counsel for the appellant submits that though he claimed Rs.12,000/- as monthly income, the Tribunal has only taken Rs.3,000/- as notional income. Going by the decision reported in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236] for an accident which was happened in the year 2012, the notional income to be taken for a coolie worker is Rs.8,500/-. Ext.A5 disability certificate issued by the Doctor shows 23% permanent disability. Neither the Doctor, nor the appellant was examined before the Tribunal to prove it. Hence, the Tribunal took the percentage of disability as 5%. Taking note of the injuries sustained and since the document is not proved, the percentage of disability taken by the Tribunal as 5%, is upheld. The multiplier is taken by the Tribunal also is correct. Thus the compensation for permanent disability can be worked out as 8,500x12x13x5/100 which comes to Rs.66,300/-. The Tribunal has already awarded Rs.23,400/-.
MACA NO. 2044 OF 2014 4
6. As far as the loss of amenities is concerned, though the petitioner claimed Rs.20,000/- only Rs.3,000/- was awarded. Taking into consideration the injury caused, I am of the opinion that the amount of Rs.7,000/- more can be awarded on that head.
7. The loss of earning would be Rs.8,500/- for one month, the Tribunal has already granted Rs.3,000/-.
8. The appellant would not be entitled for interest for the period of delay of 98 days in filing the Appeal as ordered by this Court on 28.9.2021, on the enhanced compensation.
Accordingly, the following enhancements are made to the award passed by the Tribunal:
Sl. Head of Claim Amt. Awarded Amt.
No. by Tribunal Enhanced in
(Rs.) appeal (Rs.)
1 Loss of future earning 23,400/- 66,300/-
power
2. Loss of amenities 3,000/- 10,000/-
3. Loss of earning 3,000/- 8,500/-
Total 29,400 84,800
Amount enhanced 84,800-29,400 =55,400/-
In the result, the appeal is allowed and the Insurance Company shall pay interest for the amounts awarded by the MACA NO. 2044 OF 2014 5 Tribunal at the rate directed in the impugned award and for the enhanced amounts at the rate of 8% from the date of petition. If any amounts have already been paid, the same shall be granted set off. The claimants shall produce the details of the Bank account before the Insurance Company/Tribunal within one month from the date of receipt of a certified copy of this judgment and amount shall be transferred to the Bank account directly through NEFT/RTGS mode, within a period of one month thereafter. If the Bank account is not furnished within the time stipulated, it is made clear that no interest shall run on the enhanced amount after the period stipulated by this Court.
sd BASANT BALAJI JUDGE nak