C.V.Alikoya vs K.C.Maharoof
2021 Latest Caselaw 1684 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

     FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942

                           MACA.No.93 OF 2009

 AGAINST THE AWARD IN OP(MV) 1321/2004 DATED 08-05-2008 OF MOTOR
               ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE


APPELLANT/CLAIMANT:

             C.V.ALIKOYA,
             S/O.PACKER, AGED 61,
             MUMTHAS, PAVANGAD,
             PUTHIYANGADI POST,
             KOZHIKODE.

             BY ADV. SMT.K.V.RASHMI

RESPONDENTS/RESPONDENTS:

      1      K.C.MAHAROOF,
             AGE & FATHER'S NAME NOT KNOWN
             RAHATH MANZIL, MENAPRAM AMSOM,
             P.O.CHOCKLY, KANNUR.

      2      UNITED INDIA INSURANCE CO.LTD.
             BRANCH OFFICE, P.B.NO.87, THALASSERY.

             R BY ADV.SRI.A.R.GEORGE B/O.NO MEMO


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 M.A.C.A.No.93/2009                  2




                           JUDGMENT

Dated this the 15th day of January 2021

The appellant is the sole injured in O.P.(M.V.) No.1321 of

2004 for having suffered fracture injuries in a motor accident that

took place on 21.5.2014. The court below after hearing the

parties passed an award granting total compensation for an

amount of Rs.27,000/- with 7% interest per annum. Being

aggrieved by the quantum of compensation fixed, the appellant

has sought enhancement of compensation in this appeal.

2. The petitioner is a business man, aged 57 years,

allegedly earning monthly income of Rs.5,000/-. The impugned

award shows that the alleged disability of the appellant was not

assessed by the Medical Board. However, when the appeal was

entertained, this Court was pleased to order the Medical Board

concerned to assess the appellant and forward the certificate

thereof.

3. Though the learned counsel for the appellant submits

that the appellant appeared before the Board, the Registry has

informed that no disability certificate has been received so far.

The learned counsel further submits that since the appeal has

been lying over here for the last so many years, her appeal may

be decided without having regard to the disability certificate of

the appellant.

4. I heard the learned counsel for the appellant as well

the learned Standing Counsel for the Insurance Company.

5. The learned counsel for the appellant submitted that

the actual monthly income of the appellant was Rs.4,500/- which

was not taken note of by the learned Tribunal. I find force in her

argument. Having regard to the nature of injuries sustained, I am

of the opinion that the Tribunal ought to have granted loss of

income for a period of six months. In that event, the total loss of

income at the rate of Rs.4,500/- would come to Rs.27,000/-.

The learned counsel for the appellant also submitted that the

actual expenditure incurred towards medical treatment was not

considered by the Tribunal. After hearing the counsel appearing

on both sides, I am of the opinion that the treatment expenses

awarded should be reasonably increased to Rs.20,000/-. Under

the heads of pain and suffering also, the amount awarded

appears to be on lower side. It is ordered to be modified from

Rs.10,000/- to Rs.20,000/-. Likewise, towards the loss of

amenity and the enjoyment also, the award amount of Rs.3,000/-

is increased to Rs.20,000/-. Under the heads of transportation,

nourishment charges and bystander expenses, the appellant

ought to be held entitled to Rs.1,000/- each. The total

compensation awarded by the Tribunal under the impugned

award is only Rs.27,000/-.

6. As per the modified award, the appellant will be

entitled to total compensation of Rs.90,000/- under the following

heads as per the table below :

      Sl.No.   Head of claim                    Amount awarded
                                                (Rs.)
      1        Pain and suffering                      20,000/-
      2        Loss of amenity                         20,000/-
      3        Transportation                           1,000/-
      4        Nourishment                              1,000/-
      5        Bystander expenses                       1,000/-
      6        Loss of notional income                 27,000/-
      7        Medical expenses                        20,000/-
               Total                                   90,000/-

In the result, the appeal is allowed modifying the award and

granting additional compensation for an amount of Rs.63,000/-

(90,000/- - 27,000/-) with 7% interest per annum from the date

of Original Petition till realisation. The respondent Insurance

Company shall satisfy the award within a period of one month

from the date of receipt of a certified copy of this judgment. No

costs.

Sd/-

T.V.ANILKUMAR JUDGE csl