Kerala High Court
Abdulla vs The New India Assurance Company ... on 11 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942
MACA.No.2814 OF 2014(C)
AGAINST THE AWARD DATED 25-05-2010 IN O.P.(MV)NO.831/2007 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA
APPELLANT/PETITIONER:
ABDULLA,
S/O.LATE POCKER,
AGED 71 YEARS, KOTTOLLATHIL HOUSE,
THALEEKKARA, AKKAL P.O.,
KOZHIKODE DISTRICT.
BY ADV. SHRI.V.N.RAMESAN NAMBISAN
RESPONDENT/RESPONDENT NO.2:
THE NEW INDIA ASSURANCE COMPANY LTD.,
A1-MUBARACK BUILDING, EDADI,
VATAKARA, PIN-673101.
BY ADV. SRI.VPK.PANICKER,SC
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 07-01-2021, THE COURT ON 11-01-2021 DELIVERED THE
FOLLOWING:
M.A.C.A.No.2814/2014
-:2:-
Dated this the 11th day of January,2021
J U D G M E N T
The appellant is the original petitioner, who
sustained injuries in a motor accident on
30.06.2007. He challenges the impugned award of
compensation issued for an amount of Rs.2,84,200/-
with interest and claims enhancement on the ground
of inadequacy with compensation.
2. He is a businessman aged 59 years earning
a monthly income of Rs.4,500/-. In the accident,
he sustained head injury Sequlac (R) sided
Hemiparesis and Medical Board assessed him with
60% disability. These are not facts disputed.
3. The grievance raised by the appellant is
that the monthly income adopted by the learned
Tribunal was much lower than Rs.4,500/- and
further there is error in application of
multiplier as well.
4. After hearing both sides, I am satisfied
that the contentions raised by the appellant are
just and reasonable. In that event, the loss of
earning capacity on account of permanent
M.A.C.A.No.2814/2014
disability shall be calculated as follows:
4,500 + 10%(future prospects) x 12 x 9
(multiplier) x 60 (percentage of disability)/100
4500 + 450 x 12 x 9 x 60
_________________________
= 3,20,760
5. In lieu of this figure now arrived at,
the Tribunal had awarded only Rs.1,44,000/- under
the head of permanent disability. The award is,
therefore, modified granting additional
compensation to the appellant for Rs.1,76,760/-
under the above head.
6. The injured was hospitalised for about 24
days and the Tribunal held that he was entitled to
loss of earnings for three months. Under the head
of loss of earning, he is therefore granted
Rs.13,500/-(4,500 x 3) in lieu of Rs.7,500/-
awarded by the Tribunal.
7. The learned counsel for the appellant
points out that under the head of loss of
amenities and convenience, a reasonable amount was
not awarded. I consider that instead of
Rs.15,000/- granted by the Tribunal, it is only
reasonable to award an additional amount of
M.A.C.A.No.2814/2014
Rs.20,000/- under the said head. In all other
respects, the amount impugned awarded is
sustained.
8. As per the modified award, the appellant
will be entitled to total compensation of
Rs.4,86,960/- under the following heads as per the
table below:
Sl.No. Head of claim Amount awarded
(Rs.)
1 Pain and suffering 35,000/-
2 Transportation expenses 6,600/-
3 Bystander expenses 4,800/-
4 Medical and Miscellaneous
expenses 61,300/-
5 Loss of earning 13,500/-
6 Loss of amenities and
convenience etc. 35,000/-
7 Extra nurishment 10,000/-
8 Loss/Reduction in earning
capacity
permanent disability 3,20,760/-
Total 4,86,960/-
In the result, the appeal is allowed modifying
the award and granting additional compensation for
an amount of Rs.2,02,760/-[4,86,960-2,84,200]
(Rupees two lakhs two thousand seven hundred and
sixty only) with 7.5% interest per annum from the
date of the original petition till realisation. The
respondent, Insurance Company shall satisfy the
award within a period of one month from the date of
M.A.C.A.No.2814/2014
receipt of a certified copy of this judgment. No
costs.
All pending interlocutory applications will
stand closed.
Sd/-
T.V.ANILKUMAR,JUDGE
DST //True copy/
P.A.To Judge
