IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
MACA NO. 2327 OF 2014
AWARD DATED 18.03.2014 IN O.P.(M.V.) NO.973/2010 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL ,ERNAKULAM
APPELLANT/PETITIONER:
BALAKRISHNAN NAIR
AGED 61 YEARS
S/O.BHASKARAN NAIR,
3/910 B, SREEVALSAM,
K.K.RAOD,
THRIKKAKARA P.O.
COCHIN-682 021.
BY ADVS.SRI.ANIL S.RAJ
SMT.ANILA PETER
SMT.C.PRABITHA
SMT.K.N.RAJANI
SRI.P.VISWANATHA MENON
SRI.J.VIVEK GEORGE
C.CHANDRASEKHARAN
RESPONDENTS/RESPONDENTS:
1 SHAHIDA SHEIKH
W/O.SHEIK AHAMED, 10/90,
KALLIKATTUKARA HOUSE,
NEAR T.V.CENTER,
KAKKANAD KARA,
KAKKANAD VILLAGE,
ERNAKULAM - 682 030.
2 BHARTI AXA GENERAL INSURANCE COMPANY LTD
M.G.ROAD,
KOCHI-682 030.
R1 BY ADVS.SRI.ASOK M.CHERIAN
SRI.T.R.RENJITH
R2 BY SRI.R.AJITH KUMAR (128/84)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A.No.2327 OF 2014 2
JUDGMENT
Petitioner in O.P. (M.V.) No. 973/2010 on the file of the Motor Accident Claims Tribunal, Ernakulam is the appellant in this matter and he assails award dated 18.03.2014 in the above case.
2. Heard the learned counsel for the appellant, Adv. C. Chandrasekharan and Adv. R. Ajitkumar Varma, the learned counsel appearing for the Insurance Company.
3. Summary of the case :-
The appellant who met with an accident on 03.11.2009, at about 09.15 A.M., while travelling on his motor bike had preferred claim under Section 166(1) of the Motor Vehicles Act before the Tribunal claiming compensation of Rs. 20 Lakh. According to the appellant, the first respondent who had driven Maruti Car bearing Registration No. KL-07/AU-476 M.A.C.A.No.2327 OF 2014 3 contributed the accident.
4. The first respondent filed written statement and disputed the accident as well as negligence. The quantum of compensation also disputed.
5. The second respondent, Insurance Company also disputed the accident, negligence as well as compensation claimed under various heads while admitting policy.
6. The court below marked Exts.A1 to A8 on the part of the appellant and B1 to B3 on the part of the respondents. Ext.C1 disability certificate also got marked as court exhibit. Thereafter, Tribunal granted Rs. 10,81,976/- as compensation against claim of Rs. 20 Lakhs.
7. The learned counsel for the appellant pressed for granting more compensation pointing out the fact that the compensation granted by the Tribunal is on M.A.C.A.No.2327 OF 2014 4 lower side. The learned counsel for the Insurance Company opposed enhancement.
8. In this matter, as per Ext.B3 copy of driving license produced by the Insurance Company, the age of the appellant was 61, at the time of accident. Accordingly, the court below fixed multiplier as 7. Similarly, the court below fixed monthly income at Rs. 4,000/-, considering the fact that the appellant was a retired bank employee getting pension.
9. Following the ratio in [(2011) 13 SCC 236], Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd., Rs. 7,000/- fixed as monthly income, in this matter, considering that the accident was of the year 2009. Therefore, the award granted by the Tribunal requires recalculation. Accordingly, the 'loss of earnings' in this case would come to Rs.7,000 x 10 = Rs.70,000/-, out of which M.A.C.A.No.2327 OF 2014 5 Rs.40,000/- granted by the Tribunal, the balance Rs.30,000/- more is granted under this head.
10. Disability Income shall be Rs.7,000x12x36.6/100x7 = Rs.2,15,208/-, out of which Rs.1,22,976/- already granted by the Tribunal and Rs.92,232/- is the balance. Therefore, under the head 'disability income' Rs.92,232/- more is granted.
11. It is submitted by the learned counsel for the appellant that no amount granted under the head 'loss of amenities', though the appellant sustained left temporal contusion, midbrain contusion, diffuse brain injury, multiple skull base fracture, lung contusion, hemothorax, multiple rib fracture and scapula fracture. Further he had undergone decompressive craniectomy, elective ventilation and supportive care. He had also significant deficits of cogination, memory, speech and is right hermiparetic. Submission appears to be M.A.C.A.No.2327 OF 2014 6 convincing. Therefore, I grant Rs.30,000/- under the head 'loss of amenities' also.
12. In the result, this appeal is allowed. It is ordered that the appellant is entitled to get enhanced compensation to the tune of Rs.1,52,232/- (Rupees One Lakh Fifty Two Thousand Two Hundred and Thirty Two only) with the same rate of interest awarded by the Tribunal, excluding the amount already granted by the Tribunal, from the date of petition till the date of deposit or realisation.
13. The insurance company is directed to deposit the balance amount in the name of the appellant within two months from today and on deposit, the appellant can release the same. Sd/-
A. BADHARUDEEN JUDGE DCS/01.06.2022