Kerala High Court
Akhil Antony vs Gigi Varghese 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. 1575 OF 2016
AGAINST THE AWARD IN OP(MV)NO. 234/2013 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL ,ERNAKULAM
APPELLANT/PETITIONER:
AKHIL ANTONY
S/O. ANTONY, AGED 24,KADAVIPARAMBIL HOUSE,
KANNAMALY P.O, ERNAKULAM DISTRICT
BY ADVS.
SRI.MATHEWS K.PHILIP
SMT.MINISHA K DAS
RESPONDENTS:
1 GIGI VARGHESE
S/O. GEORGE, PULIPARAMBU HOUSE, H.NO.
3/98,CHERIYAKADAVU, KANNAMALY P.O KOCHI 8
2 SHIJU MICHAEAL
S/O. GEORGE, PULIPARAMBU HOUSE, PULIKKAMALY P.O,
NEAR KARIKOTTU TEMPLE, MULANTHURUTHY,
ERNAKULAM 682 314
3 THE MANAGER
NATIONAL INSURANCE COMPANY LIMITED DIVISIONAL
OFFICE, AJAY VIHAR, M.G ROAD,ERNAKULAM 682 031
BY ADVS.
SRI.M.R.SARIN
SRI.GEORGE CHERIAN SR.
SMT.LATHA SUSAN CHERIAN
SMT.K.S.SANTHI
SRI.P.SANTHOSHKUMAR KARUMKULAM
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 18.12.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA 1575 of 2016
:: 2 :
JUDGMENT
Dated this the 18th day of December, 2021
On 20.10.2012 at about 500 p.m., while the appellant was riding his
motorcycle bearing registration No.KL 43-D-4256 through the Cehllanam -
Pandikudy Road, another motorcycle bearing registration No.KL-43 D-
7532 ridden by the second respondent in a rash and negligent manner,
overtook through left side and collided against the motorcycle in which the
appellant was riding. Due to the impact of the hit the appellant grievous
injuries. The appellant preferred a claim petition before the Tribunal under
Section 166 of the Motor Vehicles Act. The Tribunal awarded a sum of
₹3,50,882/-. 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
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], fixed the notional monthly
income of the appellant at Rs.9,000/-, I accept the argument of the
learned counsel for the appellant that the notional monthly income fixed
by the Tribunal was wrong. The injured was an Engineering student and the
MACA 1575 of 2016
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fixing of Rs.6,000/- is low even though for a Coolie in the decision
Ramachanrappa (supra) it would have been s.8,500/- per month. The
learned counsel also relied on the judgment in National Insurance
Company Ltd., Chennai v. Fathimath Zuhara @ Zuhara Razak (2016
KHC 691). Under such circumstances, I hold that the income fixed by the
Tribunal is wrong and I re-fix the same as Rs.12,000/- per month going by
the principles mentioned above.
4. I also find that the Tribunal has granted 'loss of earnings' only
for a period of three months. Taking into account the nature of injury
suffered, I enhance it to six months.
5. The learned counsel also argued that no amount was granted
by the Tribunal under the head 'loss of amenities' though an amount of
Rs.6,000/- was claimed. I deem it appropriate to grant Rs.6,000/- towards
' loss of amenities.' The Tribunal has awarded only an amount of
Rs.30,000/-, under the head 'pain and sufferings', which has to be
enhanced to Rs.40,000. The appellant is entitled an additional amount of
Rs.10,000/- under the above head.
6. Taking into consideration the serious injuries sustained by the
appellant, I hold that she was indisposed for a period of six months. In
view of the re-fixation of the monthly income, I award her an amount of
Rs.72,000/- towards 'loss of earning' instead of Rs.18,000/- awarded by
MACA 1575 of 2016
:: 4 :
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.
Sl. Heads of claim Amount awarded by Amounts
the Tribunal (in modified and
No
rupees) recalculated by
this Court
1 Loss of earnings 18000 72000/-
2 Bye-stander expenses 1500 1500
3 Transportation 2000 2000
4 Damage to clothing 1500 1500
5 Medical expenses 51982 51982
6 Extra nourishment 1500 1500
7 Compensation for loss of 10000 10000
expectation of life
8 Future treatment 40000 40000
9 Pain and suffering 30000 40000
10 Loss due to disability 1194400 388800
11 Loss of amenitied nil 6,000/-
3,50,882/- 6,15,282/-
In the result, the appeal is allowed and the appellant is awarded an
MACA 1575 of 2016
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enhanced compensation of ₹2,64,400/- (Rupees Two Lakhs Sixty Four
Thousand Four Hundred 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
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 18.12.2021
