M.N. Jagadeesh vs K.K. Sunny

Kerala High Court

M.N. Jagadeesh vs K.K. Sunny on 22 May, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
             THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
      WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                         MACA NO. 26 OF 2014
AGAINST THE ORDER/JUDGMENT DATED 25.02.2013 IN OPMV NO.845 OF 2006
OF MOTOR ACCIDENT CLAIMS TRIBUNAL THRISSUR
APPELLANT/PETITIONER:

          M.N. JAGADEESH
          AGED 34 YEARS
          S/O.NARAYANAN, RESIDING AT MULLASSERY HOUSE,
          ANANDAPURAM, THRISSUR DISTRICT.
          BY ADVS.
          SRI.T.C.SURESH MENON
          SRI.A.R.NIMOD

RESPONDENTS/RESPONDENTS:

    1     K.K. SUNNY
          RESIDING AT KALAMBATH HOUSE, PACHALIPURAM P.O.,
          THRISSUR DISTRICT, PIN - 680 308.
    2     ARISH
          S/O.ASSIZ, RESIDING AT CHERUMPALA HOUSE, ACHPARANDA,
          PALAKKAD, PIN - 678 001.
    3     THE UNITED INDIA INSURANCE COMPANY LIMITED
          P.B.NO.6, ALENGADAN BUILDINGS, TANA, IRINJALAKUDA,
          THRISSUR DISTRICT, PIN - 680 121.
          BY ADV SMT.S.JAYASREE


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 MACA NO. 26 OF 2014                       2



                               J U D G M E N T

This appeal is at the instance of the claimant in OP(MV) No.845 of 2006 on the file of the Principal Motor Accidents Claims Tribunal, Thrissur impugning the award on the ground of inadequacy of compensation.

2. The appellant met with a road traffic accident on 22/2/2006 at 8.30 pm while he was riding a motorcycle through Anandapuram-Vallakunnu public road. He was knocked down by a JCB bearing registration No. KL-8/N 527, driven by the 2nd respondent in a rash and negligent manner. He sustained serious injuries including fracture of shaft of femur middle third, and fracture of malleolus also. He was 27 years old at the time of accident and was working as a skilled fabricator, earning MACA NO. 26 OF 2014 3 monthly income of Rs.6,000/-. Due to the accident, he suffered disability to the extent of 7%, which was permanent in nature. He approached the Tribunal claiming compensation of Rs.2,20,000/-. But learned Tribunal awarded only Rs.1,07,800/-, against which he has preferred this appeal.

3. The 1st respondent was the owner of the JCB, 2nd respondent was its driver and 3rd respondent was its Insurer. The 3rd respondent-Insurer entered appearance through counsel and admitted the Policy.

4. 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.

5. Heard learned counsel for the appellant MACA NO. 26 OF 2014 4 and learned counsel for the 3rd respondent.

6. Learned counsel for the appellant contended that the appellant was a skilled worker, as he was working as an aluminum fabricator. Though he was earning monthly income of Rs.6,000/-, the Tribunal fixed his notional income @ Rs.3,000/-, which is on the lower side. Even going by the decision Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [AIR 2011 SC 2951], even a coolie worker was eligible to get his notional income fixed @ Rs.5,500/- in the year 2006. Being a skilled worker, this Court is inclined to add Rs.5,00/- more to that income to fix his notional income @ Rs.6,000/- per month.

7. Learned Tribunal assessed loss of earning for four months @ Rs.3,000/-. Since we have MACA NO. 26 OF 2014 5 fixed his notional income @ Rs.6,000/-, he is eligible to get Rs.24,000/- for loss of earning for four months. After deducting Rs.12,000/- already awarded, he is entitled to get the balance amount of Rs.12,000/- under the head 'loss of earning'.

8. The appellant was hospitalized for 20 days. Though he claimed Rs.3,000/- towards extra nourishment, no amount was awarded by the Tribunal. Since he was hospitalized for 20 days, this Court is inclined to award Rs.2,000/- (20x100) under the head 'extra nourishment'.

9. For damage to clothing, no amount was awarded by the Tribunal, though the appellant claimed Rs.500/-. This Court is of the view that Rs.500/- is quite reasonable towards damage to clothing, and hence allowed. MACA NO. 26 OF 2014 6

10. Towards pain and suffering, learned Tribunal awarded Rs.18,000/- against his claim of Rs.20,000/-. Since he suffered fracture of shaft of femur and malleolus with skin abrasion over upper thigh and both knee joints, this Court is inclined to award Rs.2,000/- more under the head pain and suffering.

11. In order to prove the disability suffered by the appellant, he produced Ext.A6 disability certificate, showing that he had suffered 7% whole body disability. Learned Tribunal accepted disability to the extent of 4% only, finding that the Doctor, who issued that certificate was not examined. Even then, the Tribunal has stated in paragraph 8 of the award that the appellant appeared before him and he was found to be having difficulty in sitting and walking. He was not able to climb MACA NO. 26 OF 2014 7 and he was having continuous pain on both legs and hip. Considering that aspect, this Court is of the view that the Tribunal ought to have accepted 7% disability noted by the Doctor in Ext.A6 certificate, even if the Doctor was not examined. So, the disability compensation can be assessed as Rs.85,680/- (6000x12x17x7/100). After deducting the amount already awarded under that head, i.e., Rs.24,480/-, the appellant is entitled to get the balance amount of Rs.61,200/- under the head 'permanent disability'.

12. Towards loss of amenities, learned Tribunal awarded Rs.16,000/- against his claim of Rs.20,000/-. After seeing the appellant, the Tribunal has specifically noted his difficulties in sitting, walking, climbing etc. and the continuous pain he was suffering on MACA NO. 26 OF 2014 8 both legs and hip. So, this Court is inclined to add Rs.4,000/- more towards loss of amenities.

13. The enhanced compensation awarded in this appeal is stated in the table below:-

                            Amount             Amount
          Head of claim                                      Difference to be
                          awarded by          awarded in
                                                           drawn as enhanced
                          the Tribunal          appeal        compensation

                                              24,000/-
       Loss of earning     12,000/-                             12,000/-
                                              (6000x4)
       Extra                                   2,000/-
                              -                                  2,000/-
       Nourishment                            (20x100)
       Damage to
                               -                500/-            500/-
       clothing
       Pain & suffering    18,000/-           20,000/-
                                                                 2,000/-
                                             85,680/-
       Disability          24,480/-       (6000x12x17x7         61,200/-
                                              /100)
       Loss of
                           16,000/-           20,000/-           4,000/-
       amenities
                                              TOTAL             81,700/-

14. In the result, the appellant is entitled to get Rs.81,700/- in total as enhanced compensation.

15. The 3rd respondent-Insurer is directed to deposit the enhanced compensation of Rs.81,700/- with 8% interest per annum, from the date of petition till the date of deposit (excluding 168 days of delay in filing the appeal) before the Motor Accidents Claims Tribunal, Thrissur, within a period of two months, from the date of receipt of a copy of this judgment. Learned Tribunal shall disburse the compensation amount to the appellant after deducting the liabilities, if any, of the appellant towards tax, balance court fee, legal benefit funds etc. The appeal is allowed to the extent as above, and no order is made as to costs.

Sd/-

SOPHY THOMAS, JUDGE ska