Kerala High Court
Aswathy M.O vs Ponnappan T.M on 18 December, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
SATURDAY, THE 18TH DAY OF DECEMBER 2021 / 27TH AGRAHAYANA,
1943
MACA NO. 1654 OF 2018
AGAINST THE AWARD IN OP(MV)NO. 1068/2013 OF ADDITIONAL MOTOR
ACCIDENTS CLAIMS TRIBUNAL - III, PATHANAMTHITTA
APPELLANT/PETITIONER:
ASWATHY M.O
MUKKATTUPARAMBIL, KOTTAMURI P.O,
THRIKODITHANAM VILLAGE,
CHANGANASSERY TALUK.
BY ADVS.
SRI.T.K.KOSHY
SMT.V.V.RISANI
SRI.SABU I.KOSHY
RESPONDENTS/RESPONDENTS 2 & 3:
1 PONNAPPAN T.M
S/O.MADHAVAN, MUKKATTUPARAMBIL,
KOTTAMURI P.O., THRIKODITHANAM VILLAGE,
CHANGANASSERY TALUK. 686105.
2 DIVISIONAL MANAGER
NATIONAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE, NELSON COMPLEX, P.B.NO.60,
KAYAMKULAM-690502.
BY ADV SMT.SARAH SALVY
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 18.12.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
MACA 1654 OF 2018
2
JUDGMENT
Dated this the 18th day of December, 2021
On 19.06.2013 at about 11.00 noon., the appellant was the
pillion rider in a motorcycle bearing registration No.KL 33-D-6332
ridden by the first respondent through the Thiruvalla-
Changanacherry public road. When they reached at a place near
Thiruvalla Tilak Junction, the first respondent riding the motorcycle
in a rash and negligent manner, lost balance and the appellant fell
down on the road and sustained serious injuries. The appellant
preferred a claim petition before the Tribunal under Section 166 of
the Motor Vehicles Act,1988. The Tribunal awarded a sum of
₹2,51,424/-/-. Dissatisfied with the amount awarded by the Tribunal,
the claimant has preferred this appeal.
2. Heard the learned counsel on both sides.
3. After hearing both sides and perusing the documents made
MACA 1654 OF 2018
available by them and following the decision of the Hon'ble Supreme
Court in Ramachandrappa v. Royal Sundaram Alliance
Insurance Company Limited [(2011) 13 SCC 236], I accept the
argument of the learned counsel for the appellant that the notional
monthly income fixed by the Tribunal was wrong.
4. The learned counsel for the respondent argued that there
was no proof to show that the monthly notional income of the
appellant at Rs.16,000/- as claimed by the appellant. It is also
submitted that the disability was correctly assessed by the Tribunal
and no interference is called for . Though the appellant has claimed
Rs.16,000/- as income as she is working as a Beautician, the
Tribunal has granted only Rs.7,000/- as monthly notional income,
On going through the facts of the case I deem it fit to re-fix the
monthly notional income of the appellant at Rs.9,000/- instead of
Rs.7,000/- granted by the Tribunal .
5. It is also seen that the Tribunal has reduced the disability
to 12% from 15% stated in the medical certificate. I see no
justification at all for the Tribunal in reducing the disability assessed
by the Medical Board. Thus, the percentage of disability is to be
assessed at 15% instead of 12% taken by the Tribunal. Hence, the
appellant will be entitled to entitled to a sum of Rs.2,91,600/-
MACA 1654 OF 2018
(9000x12x18x15%) towards compensation for loss due to disability.
After deducting the sum of Rs.1,81,440/-/-granted by the Tribunal,
the appellant will be entitled to an additional sum of
Rs.1,10,160/-/- under the above head.
6. The Tribunal has awarded an amount of Rs.25,000/-
under the head 'pain and sufferings'. I also find that the amount
granted under the head 'pain and sufferings' is low and I enhance it
to Rs.30,000/-. The appellant is entitled an additional amount of
Rs.5,000/- under the head 'pain and sufferings'. The had also
claimed an amount of Rs.20,000/- as 'future treatment', no amount
was granted by the Tribunal under the above head. I grant an
amount of Rs.10,000/- under the head 'future treatment'. I also
find that the amounts to be granted under the head 'disfiguration' as
Rs.10,000/-, I also hold that the nature of the injuries sustained by
the appellant, period of 'loss of earnings must be taken as four
months instead of two months taken by the Tribunal.
7. On an overall re-appreciation of the pleadings, materials
on record and the law laid down in the afore-cited decisions, I am of
the definite opinion that the appellant/petitioner is entitled for
enhancement of compensation as modified and recalculated above
and given in the table below for easy reference.
MACA 1654 OF 2018
Sl. Heads of claim Amount awarded Amounts
by the Tribunal modified and
No
(in rupees) recalculated by
this Court
1 Loss of earnings 14,000/- 36,000/-
2 Bye-stander expenses 3,000/- 3,000/-
3 Transportation 1,000/- 1,000/-
4 Damage to clothing 1,000/- 1,000/-
5 Medical expenses 4,984/- 4,984/-
6 Extra nourishment 1,000/- 1,000/-
7 Loss of amenities 20,000/- 20,000/-
8 Compensation for the 1,81,440/- 2,91,600/-
loss of earning power
9 Future treatment nil 10,000/-
10 Pain and suffering 25,000/- 30,000/-
11 Loss due to disfiguration nil 10,000/-
2,51,424/- 4,08,584/-
In the result, the appeal is allowed and the appellant is
awarded an enhanced compensation of ₹1,54,160/-/- (Rupees One
Lakhs Fifity Four Thousand One Hundred and Sixty only) with
interest at the rate of 9% per annum from the date of filing of the
claim petition till the date of realisation, with proportionate costs.
The second respondent insurer shall deposit the additional
compensation granted in this appeal along with the interest and
MACA 1654 OF 2018
proportionate costs, before the Tribunal within two months from the
date of receipt of a certified copy of this judgment, after deducting
any amount to which the appellant is liable towards balance court
fee and legal benefit fund. The disbursement of the compensation to
the appellants shall be in accordance with law.
Sd/-
MOHAMMED NIAS.C.P.
JUDGE
dlk 22.12.2021
