IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
MACA NO. 1167 OF 2016
AGAINST THE AWARD DATED 26.11.2015 IN OPMV NO.470/2013 OF
ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL - III, KASARAGOD
APPELLANT/3RD RESPONDENT:
ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED,
NOW REPRESENTED BY THEIR ZONAL HEAD,
SUBRAMANIAM BUILDING,
CLUB HOUSE ROAD,
ANNASALAI, CHENNAI - 600 002.
BY ADVS.
SRI.MATHEWS JACOB (SR.)
SRI.P.JACOB MATHEW
RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2
1 ANESH K.
S/O. DAMODHARAN,
VANIYANVALAPPIL HOUSE,
CHEEMENI P. O., VIA CHERUVATHUR,
HOSDURG TALUK,
PIN - 671 313.
2 ABDUL SALAM
S/O. ABDULLA M.,
HOUSE NO.27/VI, PATTOLI,
PETTIKUNDU P. O.,
CHEEMENI, KASARAGOD DISTRICT - 671 313.
3 MADHU A.
S/O. KARTHIYAYANI,
AVARONAM HOUSE, PETTIKUNDU P. O.,
KAYOOR, CHEEMENI GP,
KASARAGOD DISTRICT - 671 313.
BY ADVS.
R1 - SRI.A.ARUNKUMAR
SRI.RAHUL SASI
SMT.NEETHU PREM
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 27.07.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
MACA NO.1167 OF 2016
2
JUDGMENT
This appeal is preferred by the 3 rd respondent Insurance Company in OP (M.V) No.470 of 2013 on the file of the Motor Accidents Claims Tribunal - III, Kasaragod. The parties in this appeal are referred to as per their status in the claim petition.
2. According to the petitioner, on 01.05.2012, while he was travelling in a car driven by the 1 st respondent, the car hit on a lorry and the petitioner sustained serious injuries. The petitioner claimed an amount of Rs.20,00,000/- as compensation for the injuries sustained in the accident. The Tribunal awarded an amount of Rs.9,78,669/- as compensation with 8% interest per annum from the date of petition till the date of deposit of the award amount with proportionate costs.
3. Aggrieved by the quantum of compensation, the Insurance Company has filed this appeal. MACA NO.1167 OF 2016 3
4. The main contention of the insurer before this Court is that the Tribunal, after awarding an amount of Rs.1,20,960/- as compensation for continuing permanent disability, awarded a further amount of Rs.1,00,000/- towards loss of earning power which, would lead to duplication of compensation.
5. The petitioner is a barber. He was aged 30 years at the time of the accident. Ext.X1 disability certificate issued by the Medical Board would show that the petitioner has sustained permanent locomotor disability of 18% in relation to left upper limb. The Medical Board assessed the whole body permanent disability of the petitioner as 1%. The Tribunal fixed the whole body permanent disability of the petitioner as 8% for the purpose of computing the compensation under permanent disability. The Tribunal has noted that the petitioner has got partially restricted range movements of left elbow (supination - pronation etc), movements of left wrist minimally affected, the co-ordinated activity of MACA NO.1167 OF 2016 4 left upper limb (lifting object over head removing and placing the same time), partially affected the left hand grip and pinch strength.
6. The petitioner being a barber by profession, the functional disability will be more than what has been assessed as whole body disability by the Medical Board. Though the petitioner has claimed an amount of Rs.5,00,000/- towards loss of amenities of life, only an amount of Rs.50,000/- has been awarded by the Tribunal under the said head. Eventhough the petitioner has not preferred any appeal against the award of the Tribunal, to arrive at a just and reasonable compensation, I find that the petitioner is entitled for an amount of Rs.1,00,000/- towards compensation for loss of amenities of life. On deducting the amount of Rs.50,000/- already awarded, the petitioner will be entitled for an enhanced amount of Rs.50,000/- towards loss of amenities of life.
7. Towards pain and suffering, the petitioner has MACA NO.1167 OF 2016 5 been awarded an amount of Rs.50,000/-. Taking note of the injuries sustained by the petitioner, I find that an amount of Rs.70,000/- would be just and reasonable compensation under the said head. Therefore, the petitioner will be entitled for an enhanced amount of Rs.20,000/- (70,000-50,000) towards pain and suffering.
8. As rightly contended by the learned counsel for the appellant that when the petitioner has been awarded compensation for continuing permanent disability, he is not entitled for compensation under the head loss of earning power. Therefore, an amount of Rs.1,00,000/- awarded under the head loss of earning power to be deducted from the total compensation.
9. Accordingly, the petitioner is entitled for only an amount of Rs.9,48,669/- (9,78,669 + 50,000 +20,000 - 1,00,000) as total compensation instead of Rs.9,78,669/-.
It is submitted by the learned counsel for the MACA NO.1167 OF 2016 6 appellant - Insurance Company that pursuant to order dated 26.05.2016 of this Court the appellant has deposited 75% of the amount awarded as compensation and the petitioner has withdrawn the amount. The appellant shall deposit the balance amount in terms of this judgment with 8% interest per annum from the date of the petition till realisation and costs, within a period of two months from the date of receipt of a copy of this judgment.
The appeal is disposed of as above.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR