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Kerala High Court
P. Balamukundan vs Ranjith on 22 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
ND
WEDNESDAY, THE 22
DAY OF MAY 2024 / 1ST JYAISHTA, 1946
MACA NO. 657 OF 2014
AGAINST THE AWARD DATED 07.08.2013 IN OP(MV) NO.746 OF 2010 OF
MOTOR ACCIDENTS CLAIMS TRIBUNAL, OTTAPPALAM.
APPELLANT/PETITIONER:
. BALAMUKUNDAN,
P
AGED 50 YEARS,
S/O.KALLIANI AMMA, PADINHARE VEEDU, THEKKUMANGALAM, LAKKIDI,
OTTAPALAM, PALAKKAD DISTRICT.
BY ADV SRI.K.RAVI (PARIYARATH)
RESPONDENTS/RESPONDENTS:
1 RANJITH, AGED 25 YEARS, S/O.PRABHAKARAN K, KALATHIL HOUSE, VADASSERY, OTTAPALAM TALUK, PALAKKAD DISTRICT. 679 001. (RIDER OF KL-9-R-5156 MOTOR CYCLE). 2 P.PRABHATH, AGE NOT KNOWN, S/O.BHASKARAN NAIR, PRATHAP NIWAS, ILLATH KULAMBIL, KARIKKODE. 679 001.(OWNER OF KL-9-R-5156 MOTOR CYCLE). 3 NEW INDIA ASSURANCE CO. LTD., N.S.TOWERS, 1ST FLOOR, NEAR STADIUM BUS STAND, COIMBATORE ROAD, KUNNATHURMEDU, PALAKKAD. (INSURER OF KL-9-R-5156 MOTOR CYCLE, POLICY VALID FROM 15.02.2010 TO 14-02-2011). 679 001. MACA 657 of 2014 2 Y ADVS. B SRI.JOHN JOSEPH VETTIKAD, STANDING COUNSEL, NEW INDIA ASSURANCE CO. LTD. SRI.RAJESH THOMAS SRI.C.JOSEPH JOHNY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY EARD H ON 22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA 657 of 2014 3 J U D G M E N T ThisappealisattheinstanceoftheclaimantinOP(MV) No.746 of 2010 on the file of Motor Accidents Claims Tribunal, Ottapalam, impugning the award on the ground of inadequacy of compensation. 2. The appellant met with a road traffic accident on 31.03.2010, at 9.45 a.m., while he was standing by the side of the road.KL-51-3241 motorbikeridden bythe 1st respondent, ina rashand negligentmanner,knocked him down, and he sustained serious injuries, resulting in disabilityalso. Hewasadmittedandtreatedinhospitalfor three days. He approached the Tribunal claiming compensation of Rs.3,50,000/-. But learned Tribunal awarded only Rs.47,200/- and hence this appeal. 3. The 1strespondent was therideroftheoffending motorcycle, 2nd respondent was its owner and 3rd MACA 657 of 2014 4 respondent was its Insurer. The 3rd respondent-Insurer entered appearance 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.Heardlearnedcounselfortheappellantandlearned counsel for the 3rd respondent-Insurer. 6. Learned counsel for the appellant would submit that the appellant was the Chief Advisor of LIC, earning monthly income of Rs.32,500/-. Ext.A13 document was produced by the appellant before the Tribunal, showing receipt of his insurance commission. But that document waswithrespecttotheperiod2008-2009. Theaccidentin question occurred on 31.03.2010. No document was produced to prove his income during the relevant period. Eventhen, considering thefact that the3rdrespondentis MACA 657 of 2014 5 not disputing the occupation of the appellant as an LIC agent, anyhow he would have been getting income more than Rs.4,000/-, fixed by the Tribunal. Going by the decision Ramachandrappa v. Manager, Royal SundaramAllianceInsuranceCompanyLimited[AIR 2011 SC 2951], even a coolie was eligible to get his notionalincomefixed@Rs.7,500/-intheyear2010.Since theappellantwasanLICagent,thisCourtisinclinedtofix his monthly income notionally @ Rs.10,000/-. Learned Tribunal assessed loss of earning for two months @ Rs.4,000/-. Since we have fixed his notional income @ Rs.10,000/-, he is eligible to get Rs.20,000/- in total, under the head 'loss of earning'. After deducting Rs.8,000/- already awarded, he is entitled to get Rs.12,000 as enhancement under the head 'loss of earning'. MACA 657 of 2014 6 7. Under the head 'bystander expenses', learned Tribunal awarded Rs.200/- each for three days of hospitalisation amounting to Rs.600/-. Since the accident was in the year 2010, this Court is inclined to award bystander expenses @ Rs.400/- per day for three days, which will come to Rs.1,200/-. After deducting Rs.600/- already awarded, he will get the balance Rs.600/- as enhancement under the head 'bystander expenses'. 8. Towards extra nourishment, learned Tribunal awarded only Rs.600/-. The injuries suffered by the appellantincludefractureofleftzygoma,whichmaycause difficulty in taking normal food. Considering that aspect, thisCourtisinclinedtoawardRs.400/-moretowardsextra nourishment. 9. Towards disability compensation and loss of amenities together,learned Tribunal awardedRs.13,440/-, MACA 657 of 2014 7 taking his monthly income @ Rs.4,000/-. We have fixed his notional income as Rs.10,000/-. So, for the disability alone, he is entitled to get Rs.33,600/- (10,000x12x14x2/100). After deducting Rs.13,440/-, he will get the balance amount of Rs.20,160/-, as enhancement under the head 'disability compensation'. 10. Towards loss of amenities, the appellant claimed Rs.5,000/-.Hehadsufferedfractureofdistalendofradius and fracture of left zygoma, resulting in 2% permanent disability.Considering thataspect, thisCourtisinclinedto award Rs.5,000/- towards loss of amenities. Head of claim mount A mount A ifference to D awarded by awarded in be drawn as the Tribunal appeal enhanced compensation Loss of earning Rs.8,000/- Rs.20,000/- Rs.12,000/- ystander B expenses Rs.600/- Rs.1,200/- Rs.600/- MACA 657 of 2014 8 Extra nourishment Rs.600/- Rs.1,000/- Rs.400/- isability D Rs.33,600/- Rs.20,160/- compensation Rs.13,440/- Loss of amenities Rs.5,000/- Rs.5,000/- Total Rs.38,160/- 11.Hence,theappellantisentitledtogetRs.38,160/- as enhanced compensation. 12. The3rd respondent-Insurerisdirected todeposit the enhanced compensation of Rs.38,160/- (Rupee Thirty Eight Thousand One Hundred and Sixty only), with 9% interest per annum, from thedate ofpetitiontill thedate of deposit, (excluding 114 days of delay in filing the appeal) before the Motor Accidents Claims Tribunal, Ottapalam,withinaperiodoftwomonthsfromthedateof receipt of a copy of this judgment. LearnedTribunalshall disburse that amount to the appellant after deducting his liabilities, if any, towards tax, balance court fee, legal benefit funds etc. MACA 657 of 2014 9 Theappeal isallowedtotheextent asabove,andno order is made as to costs. Sd/- SOPHY THOMAS JUDGE DSV/-