IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
MACA NO. 366 OF 2010
AGAINST THE AWARD DATED 07.09.2009 IN OP(MV)NO.1982/2006 OF
PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE
APPELLANT/PETITIONER :
A.C.RADHAKRISHNAN,
S/O.GOVINDAN NAIR,
AGED 42 YEARS,
ARYACHALIL HOUSE,
MUCHUKKUNNU P.O.,
KOYILANDI,
KOZHIKODE DISTRICT.
BY ADVS.
SRI.V.S.CHANDRASEKHARAN
SMT.LEKSHMI SWAMINATHAN
RESPONDENTS/RESPONDENTS :
1 T.K.C.HUSSAIN,
S/O.POKKER,
AGE NOT KNOWN,
RESIDING AT 7/7,
MARATTAMMAL HOUSE,
VALIYAPARAMBA,
KIZHAKKOTH P.O.,
KODUVALLY,
KOZHIKODE DISTRICT.
2 ANISH K.K.,
S/O. DAMODHARAN K.K.,
AGED 32 YEARS,
RESIDING AT KOTTAKKUNNUMMAL HOUSE,
P.O. EKAROOR,
KOZHIKODE.(DELETED)
MACA No.366 of 2010
..2..
THE SECOND RESPONDENT IS DELETED FROM THE PARTY
ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER
DATED 11.11.2016 IN IA NO.3940/2016 IN MACA
NO.366/2010
3 THE NEW INDIA ASSURANCE CO.LTD.
DIVISIONAL OFFICE, SILVER PLAZA BUILDING,,
INDIRA GANDHI ROAD, KOZHIKODE.
R3 BY SRI.P.K.BABU, STANDING COUNSEL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
MACA No.366 of 2010
..3..
MACA No.366 of 2010
-----------------------------------------------
JUDGMENT
This appeal arises out of award dated 07.09.2009 in O.P.(MV)No.1982 of 2006 on the file of the Principal Motor Accident Claims Tribunal, Ernakulam. The appellant herein is the petitioner before the Tribunal. Respondents herein are the respondents before the Tribunal.
2. Heard the learned counsel for the appellant, the learned Standing Counsel appearing for the insurance company.
3. Brief facts of the case are as follows; The allegation of the appellant is that on 15.6.2006 at about 4.30 p.m, while the appellant was MACA No.366 of 2010 ..4..
driving the jeep bearing Registration No.KL-13/F-2564 from Bathery to Kozhikode and when he reached hear Padanilam, the bus bearing Registration No.KL-11-K-2007 came in a rash and negligent manner and dashed into his jeep and thereby, the appellant suffered serious injuries.
4. R3 filed written statement admitting insurance and disputing accident and negligence. At the same time, quantum of compensation also was disputed, while admitting policy to the vehicle involved in the accident.
5. The Tribunal marked as Exts.A1 to A8 on the side of the appellant. No evidence let in by the respondents. Thereafter, as against claim of Rs.2,00,000/-, Rs.35,350/- was granted by the Tribunal in this case along with interest at the rate of 7% per annum.
6. The learned counsel for the appellant would submit that Rs.2,500/- alone is granted under the head loss MACA No.366 of 2010 ..5..
of earnings even without fixing the monthly income where the appellant claimed his income at Rs.7,000/- as a driver.
7. Fixation of income is not a dispute, since the ratio in [(2011) 13 SCC 236], Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. would govern the same. Therefore, in this case, involving accident of the year 2006, Rs.5,500/- can fairly be fixed as the monthly income for re-calculating loss of earnings and I do so.
8. It is submitted by the learned counsel for the appellant that the appellant sustained fracture of the (Rt) ribs 3rd to 10th. Therefore, loss of earnings for a period of four months to be granted.
9. The injury sustained by the appellant could be gathered from Ext.A2 wound certificate, Ext.A3 discharge card and Ext.A4 reference card. The appellant sustained MACA No.366 of 2010 ..6..
fracture ribs 3rd to 10th (Rt.), fracture of the frontal bone with minimal SAH, lung contusion, liver laceration in (Rt) Haemothorax (minimal), Haemoperotoneum, laceration lagement 6 liver GR3 hepatic injury, subartaneous collution lateral aspect of right thigh. Ext.A3 is the discharge summary showing that petitioner was admitted on 15.06.2006 and discharged on 26.06.2006. Ext.A6 is another discharge summary.
10. Even though the learned counsel for the insurance company opposed grant of excess amount, reasonable amount is liable to be granted. In consideration of the injury as extracted above, I am inclined to grant loss of earnings for a period of four months at the rate of Rs.5,500/-. The same is re-calculated as under;
5,500x4=22,000/-
Out of which, Rs.2,500/- was granted by the MACA No.366 of 2010 ..7..
Tribunal. Rs.22,000-2,500=Rs.19,500/-more is granted under the head loss of earnings.
11. Under the head pain and sufferings, the Tribunal granted Rs.19,000/-. Considering the injuries, I am inclined to grant Rs.6,000/- more under the head pain and sufferings. Towards loss of amenities, the Tribunal granted only Rs.2,000/- in a case, involving rib fracture and consequential treatment. I am inclined to grant Rs.15,000/- more under the loss of amenities.
In the result, this appeal is allowed. It is ordered that the appellant is entitled to get enhanced compensation to the tune of Rs.40,500/-(Rupees Forty Thousand Five Hundred only) at the rate of 7% interest granted by the Tribunal excluding the amount already granted by the Tribunal from the date of petition till the date of deposit or realisation. The insurance company is directed to deposit the MACA No.366 of 2010 ..8..
same in the name of the appellant within two months from today and on deposit, the appellant is at liberty to release the same.
Sd/-
A.BADHARUDEEN, JUDGE rkj