Kerala High Court
Nikhil Syam vs K.K. Abdulrahman on 3 July, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
MACA NO. 3286 OF 2015
AGAINST THE ORDER/JUDGMENT DATED 24.04.2014 IN OPMV NO.1228 OF
2009 OF MOTOR ACCIDENT CLAIMS TRIBUNAL VATAKARA
APPELLANT/PETITIONER:
NIKHIL SYAM
AGED 21 YEARS
S/O.BALAKRISHNAN, SYAM NIVAS, PUDUPPANAM P.O.,
VATAKARA, PIN - 673 105, KOZHIKODE DISTRICT.
BY ADVS.
SRI.P.VENUGOPAL (1086/92)
SMT.T.J.MARIA GORETTI
RESPONDENTS/RESPONDENTS 1 TO 4:
1 K.K. ABDULRAHMAN
S/O.MUHAMMED, URULIKKANDIYIL HOUSE, KADALOOR P.O.,
NANDI BAZAR, PIN - 673 531.
2 SUDHEESH
S/O.RAMAKRISHNAN, KARINGAM THODIYIL HOUSE,
KANNIPARAMBA P.O., MAVOOR, KOZHIKODE DISTRICT.
3 THE UNITED INDIA ASSURANCE CO.LTD. [NOT A NECESSARY
PARTY]
DIVISION OFFICE, KALLAYI ROAD, CALICUT - 673 001.
4 THE NEW INDIA ASSURANCE CO.LTD.
DIVISION OFFICE, KANNUR ROAD, CALICUT - 673 001.
BY ADVS.
AVM.SALAHUDIN
SRI.P.K.MANOJKUMAR,SC,UNITED INDIA
SAIGI JACOB PALATTY
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 03.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO.3286 OF 2015 2
J U D G M E N T
This appeal is at the instance of the claimant in OP(MV) No.1228 of 2009 on the file of Motor Accidents Claims Tribunal, Vatakara impugning the award on the ground of inadequacy of compensation.
2. On 30/8/2009 at 9.15 pm, while the appellant/claimant was riding a motorcycle through NH at Kannukara, KL-56-1600 stage carriage driven by the 2nd respondent in a rash and negligent manner knocked him down, and he sustained serious injuries. He was admitted and treated at hospital for 8 days. He was a B.tech student aged 21 years at the time of the accident. He approached the Tribunal claiming compensation of Rs.4 lakh, but learned Tribunal MACA NO.3286 OF 2015 3 awarded only Rs.1,36,041/- and hence this appeal.
3. The 1st respondent was the owner of the offending stage carriage, 2nd respondent was its driver and the 4th respondent-New India Assurance Company was its insurer.
4. The 4th respondent though contested the case admitted the accident as well as the policy. According to them the compensation awarded by the tribunal is just and reasonable, and hence it needs no modification.
5. Now this Court is called upon to answer whether there is any illegality, irregularity or impropriety in the impugned award warranting interference by this Court.
6. Heard learned counsel for the appellant and learned counsel for the 4th respondent. MACA NO.3286 OF 2015 4
7. Learned counsel for the appellant would argue that the compensation awarded by the Tribunal under the head pain and suffering, bystander expenses, and damage to clothing are on the lower side. Learned Tribunal awarded only Rs.25,000/-, towards pain and suffering. Exts.A2 to A4 documents will show that the appellant had suffered multiple soft tissue injuries, craniocerebral injury, fracture mandible, dentoalveolar fracture and loosening of 5 teeth. He was hospitalised for eight days in total. Considering these aspects, this Court is inclined to award Rs.35,000/- under the head pain and suffering. On deducting Rs.25,000/- already awarded the appellant is entitled to get the difference of Rs.10,000/- as enhanced compensation, under the head pain and MACA NO.3286 OF 2015 5 suffering.
8. Towards damage to clothing Rs.250/- alone was granted. The accident was in the year 2009. The appellant was an Engineering student, so this court is inclined to award Rs.250/- more towards damage to clothing.
9. Towards bystander expenses, learned Tribunal awarded only Rs.875/-. The appellant was hospitalized for 8 days. This court is inclined to award Rs.1,600/-, taking daily expenses for a bystander @ Rs.200/- per day, for 8 days of hospitalization.
10. The compensation awarded under all other heads seems to be reasonable, and hence it needs no modification.
11. The enhanced compensation awarded in this appeal is stated in the table given below:- MACA NO.3286 OF 2015 6
Amount Amount Difference to be Head of claim awarded awarded in drawn as by the enhanced appeal Tribunal compensation Pain and suffering 25,000/- 35,000/- 10,000/- Damage to clothing 250/- 500/- 250/-
1,600/-
Bystander expenses 875/- 725
[200x8]
TOTAL 10,975/-
12. So the appellant is entitled to get enhanced compensation of Rs.10,975/-.
13. The 4th respondent-New India Assurance Company Limited is directed to deposit the enhanced compensation of Rs.10,975/- with 7.5% interest per annum, from the date of petition till the date of deposit, (excluding 482 days of delay in filing the appeal) before the Motor Accidents Claim Tribunal, Vatakara, within a period of two months from the date of receipt of a copy of this judgment. Learned Tribunal MACA NO.3286 OF 2015 7 shall disburse that amount to the appellant after deducting the liabilities, if any, towards Tax, balance court fee and legal benefit fund.
The appeal is allowed to the extent as above, and no order is made as to costs.
Sd/-
SOPHY THOMAS, JUDGE ska