M.A.C.A.327/2012
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
MACA NO. 327 OF 2012
AGAINST THE ORDER/JUDGMENT IN OPMV 2857/2005 OF II ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL , KOZHIKODE
APPELLANT/PETITIONER:
SINDHU O., W/O.SURENDRAN, AGED 33 YEARS, EDAKKUDI
HOUSE, P O , PUTHANCHERY, KOOMULY, ULLIYON, KOZHIKODE
BY ADV SMT.K.V.RASHMI
RESPONDENTS/RESPONDENTS:
MATHEW KURIAN, THADATHIL HOUSE P O, THALAYAD,
THAMARASSERY, KOZHIKODE-673574
SALI. V.P., S/O. MOIDEENKOYA, VELLAPALIMEETHAL HOUSE,
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CHELANNUR, P O, KANNAMKARA, KOZHIKODE 673616
THE ORIENTAL INSURANCE CO.LTD, DIVISIONAL OFFICE II,
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G.H.ROAD, KOZHIKODE 673001
BY ADV SRI.RAJESH THOMAS
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A.327/2012
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C.JAYACHANDRAN, J.
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M.A.C.A.No.327 of 2012
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Dated this the 3rd day of June, 2022
J U D G M E N T
1. Under challenge in this appeal is the award dated 08.09.2010 in O.P.(M.V.)No.2857 of 2005 of the Motor Accident Claims Tribunal, Kozhikode. Injured was the claimant before the Tribunal. She was a computer operator at the relevant time, aged 27 years. Accident occurred on 15.04.2005. Following are the heads under which the appellant/claimant sought for enhancement of compensation. The primary ground is with respect to monthly income. As against Rs.6,500/- claimed, Tribunal allowed only Rs.2,500/-. No proof as regards the income was adduced. Therefore, I am bound to reckon the notional income indicated in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. [2011 KHC 784] at Rs.5,000/-, pertaining to the year 2005. M.A.C.A.327/2012 3
2. The loss of earnings is reckoned for two months. It is admitted that the appellant was treated as an inpatient for 10 days, therefore, it is only reasonable that three months loss of earnings is reckoned.
3. The bystander expenses is granted only @Rs.100/- for a period of 10 days. The same is liable to be enhanced @Rs.250/- per day. Even going by a modest estimation, the amount granted for extra nourishment, Rs.1,000/-, is liable to be enhanced to Rs.2,000/-. Towards transportation charges Rs.500/- alone is granted, under which head also, this Court is inclined to grant a further sum of Rs.1,000/-. Under the head, pain and suffering, Rs.10,000/- alone is granted by the Tribunal, which is seriously assailed by the appellant taking recourse to paragraph 10 of the impugned order, from where, it is clear that the appellant suffered a crush injury on right hand dorsum and compound fracture 2nd and 3rd meta carpel heads, with displaced MCP joint. This Court finds considerable force in the submission M.A.C.A.327/2012 4 made by the learned counsel and therefore, inclined to grant a further sum of Rs.7500/- towards pain and suffering. Loss of amenities has not been reckoned by the Tribunal. The compensation on account of that head ought to have been reckoned more so when the appellant had suffered 30% disability. This Court is therefore of the opinion that a sum of Rs.15,000/- is liable to be granted under that head. The disability assessed is liable to be recalculated reckoning monthly income at Rs.5,000/-.
4. This appeal is allowed and the amount due to the appellant towards compensation is as shown below.
Sl. Head of Claim Amount Total amount after
No. awarded by enhancement in
the appeal
Tribunal
1 Transport to hospital 500 1,500
2 Extra nourishment 1,000 2,000
3 Loss of earnings 5,000 15,000 (5000x3)
4 Bystander's expenses 1,000 2,500 (250x10)
M.A.C.A.327/2012
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5 Treatment expenses 55,524 55,524
6 Pain and suffering 10,000 17,500
7 Permanent disability 1,53,000 3,06,000
(5000x12x17x30/100)
8 Loss of Amenities Nil 15,000
Total 2,26,024 4,15,024
Amount enhanced = Rs.4,15,024/ - Rs.2,26,024/ = Rs.1,89,000/
5. The Insurance Company shall pay interest for the amounts awarded by the Tribunal at the rate directed in the impugned award and for the enhanced amount, at the rate of 5% from the date of petition. If any amounts have already been paid, the same shall be granted set off. Since there was a delay of 394 days in filing the appeal, the interest for the enhanced quantum shall not run for the said period as directed in order dated 27.02.2012 in C.M.A.No.427/2012 in this appeal. The claimant shall produce the details of the Bank account M.A.C.A.327/2012 6 before the Insurance Company/Tribunal within two months 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 given within the time stipulated, it is made clear that, no interest shall run on the enhanced amount after the period stipulated by this Court. However, if the Insurance Company fails to deposit the amount, as directed, interest on the enhanced amount shall also run at the rate ordered by the Tribunal from the date of petition.
The appeal is allowed to the above extent.
Sd/-
C.JAYACHANDRAN JUDGE Sbna/