Kerala High Court
Sajitha K.R vs Sainudheen O.H on 28 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
MACA NO. 122 OF 2019
[AGAINST THE AWARD DATED 16.06.2018 IN OP(MV) NO.281 OF 2015 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL,PERUMBAVOOR]
APPELLANT/PETITIONER:
SAJITHA K.R.
AGED 28 YEARS
S/O.RAJAN, KARIPPELIKUDY HOUSE, THUMBIPARA, 14TH
MILE, VALARA P.O., ADIMALI.
BY ADVS.
AADITHYAN S.MANNALI
SRI.ALPHIN ANTONY
SRI.AUGUSTUS BINU
SRI.VISAKH ANTONY
SMT.ANJANA M VADHYAR
RESPONDENTS/RESPONDENTS:
1 SAINUDHEEN O.H.,
S/O.HAMMED, CHERUVATTOOR P.O., ERAMALOOR,
KOTHAMANGALAM, PIN-683577.
2 HAMMED,
S/O.IBRAHIM, CHALIL HOUSE, CHERUVATTOOR P.O.,
ERAMALLOOR, KOTHAMANGALAM-683577.
3 THE MANAGER,
ORIENTAL INSURANCE COMPANY LTD., 1ST FLOOR, STADIUM
ROAD, MARKET, MUVATTUPUZHA-686673.
BY ADV DINESH MATHEW J MURIKAN
SMT. K.S. SANTHI -STANDING COUNSEL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 28.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
MACA NO.122 OF 2019
:-2-:
JUDGMENT
This appeal has been filed by the claimant in O.P(MV) No.281/2015 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. The respondents herein are the respondents before the tribunal.
2. According to the appellant, on 2.1.2015 at about 6 pm, while the petitioner was riding his motorcycle bearing Reg.No.KL-68/2380 through the Aluva-Munnar road from west to east direction near Agricultural Research Centre, Odackali, an autorickshaw bearing Reg.No.KL-16/J-8177 driven by the first respondent in a rash and negligent manner from the opposite direction, hit against the petitioner's motorcycle throwing him on the road and sustained injuries. The appellant approached the tribunal claiming a total compensation of ₹7,98,000/- limited to ₹4,00,000/-.
3. The third respondent-insurer filed a written statement, admitting the insurance policy, but disputing the quantum of compensation claimed. Before the tribunal, no oral evidence was adduced on either side. Exts.A1 to A14 were marked on the side of the appellant. The tribunal, after analysing the pleadings and materials on record, awarded MACA NO.122 OF 2019 :-3-:
a sum of ₹2,63,482/- as compensation under different heads with interest @8% per annum from the date of petition till realization, against the third respondent being the insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has come up in appeal.
4. Heard the learned counsel for the appellant and the learned Standing Counsel for the third respondent -insurer.
5. The learned counsel for the appellant claims enhancement mainly under the following heads:-
Notional Income/Loss of earnings-
Though the appellant had claimed an amount of ₹50,000/-, the tribunal had only granted ₹8000/- per month as notional income. The appellant claims to be the proprietor of Adonis Beauty Parlour, Adimali, but no evidence was let in to prove the notional income of the petitioner. According to the appellant, in view of the decision in Ramachandrappa v. Manager, Royal Sundaram Alliance [(2011)13 SCC 236], his income ought to have been taken as ₹10,000/- per month. Following the judgment in Ramachandrappa (supra), I fix the monthly income as MACA NO.122 OF 2019 :-4-:
₹10,000/-. Hence, the total amount payable under the head 'Loss of earnings' is ₹30,000/- (₹10000 x 3). The tribunal granted compensation under the head 'Loss of earnings' as ₹24,000/- (₹8000 x 3). Hence, there will be an enhancement of ₹6000/- towards 'Loss of Earnings'. Permanent Disability- The compensation paid under the head 'permanent disability' also needs enhancement since the notional income has been re-fixed at ₹10,000/-. However, it is seen that, in Ext.C1 certificate issued by the Medical Board the disability of the appellant is assessed at 10%. However, the tribunal has taken the disability at 8%. There is no reason to disbelieve Ext.C1 certificate issued by the medical board. Accordingly, the percentage of disability is fixed at 10%, and the total compensation payable under the head 'loss of permanent disability' is recalculated thus:- 10,000 x 12x17x10/100 = 2,04,000. The tribunal granted an amount of ₹1,30,560/- towards 'loss of permanent disability'. Hence, there will be an additional amount of ₹73,440/- under the said head.
Attendance Charge/Bystander expenses- The tribunal had already taken ₹250/- per day. However, considering the fact that the accident occurred in the year 2015, the amount towards 'bystander expenses' is MACA NO.122 OF 2019 :-5-:
enhanced to ₹300/-. The appellant was admitted in the hospital for eight days and hence, the total compensation payable is ₹2400/-. The tribunal granted only ₹2000/- towards the said head. Hence, there will be an additional amount of ₹400/- towards the said head.
Thus, the impugned award of the tribunal is modified as follows Sl.No. Head of claim Amount Amount modified total claimed awarded in appeal compensation by the tribunal 1 Loss of 50000 24000 6000 30.000 earnings 2 Partial loss of NIL NIL NIL NIL earnings 3 Transport to 3000 3000 Not 3000 Hospital modified 4 Extra 10000 4000 Not 4000 nourishment modified 5 Medical 50,000 38,922 Not 38,922 expenses modified 6 Pain & 1,00,000 35,000 Not 35,000 suffering modified 7 Loss of 1,00,000 25,000 Not 25,000 amenities etc modified MACA NO.122 OF 2019 :-6-:
8 Permanent 3,00,000 1,30,560 73,440 2,04,000 disability 9 Attendance NIL 2000 400 2400 charge 10 Damage to 2000 1000 Not 1000 clothes etc. modified 11 Future 25,000 NIL NIL NIL treatment 12 Loss of 20,000 NIL NIL NIL earning power TOTAL 7,98,000 2,63,482 79,840 3,43,322 Accordingly, the appeal is allowed in part and the appellant/claimant is awarded an additional compensation of ₹79,840/-
(Rupees Seventy Nine Thousand Eight Hundred and Forty only) over and above the compensation awarded by the tribunal with interest @ 8% per annum from the date of petition till realization and proportionate costs. The third respondent-insurer shall deposit the said amount together with interest and costs within a period of two months from the date of receipt of a certified copy of this judgment. The claimant shall furnish copies of the PAN Card, AADHAAR Card and bank details before the third respondent insurer within a period of one month so as to MACA NO.122 OF 2019 :-7-:
enable the insurance company to make the deposit as ordered above. In case of failure to furnish details as above, it shall be open for the insurance company to deposit the said amount before the tribunal. Upon such deposit being made, the entire amount shall be disbursed to the appellant at the earliest in accordance with law.
sd/-
SHOBA ANNAMMA EAPEN JUDGE MBS/