Kerala High Court
Noushad vs Anish T. Chacko on 14 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
MACA NO. 2529 OF 2018
AGAINST THE AWARD DATED 28.06.2016 IN OPMV 824/2009 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL, THIRUVANANTHAPURAM
APPELLANT : PETITIONER
NOUSHAD,
S/O.ABOOBACKER, AISHA MANZIL, MANACAUD P.O.,
THIRUVANANTHAPURAM.
BY ADV BIJU BALAKRISHNAN
RESPONDENTS:RESPONDENTS
1 ANISH T. CHACKO
S/O.P.T.CHACKO, SANKARATHIL, ALAYAMON P.O.,
ANCHAL, KOLLAM, PIN-691 306.
2 THE SENIOR DIVISIONAL MANAGER,
ORIENTAL INSURANCE COMPANY LIMITED. , DIVISONAL
OFFICE, THAKARAPARAMBU ROAD, PAZHAVANGADI P.O.,
THIRUVANATHAPURAM,PIN-695 011.
BY ADVS.
SRI.R.PADMARAJ
SRI.P.J.ANTONY JOSEPH MARIADAS
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 01.07.2021, THE COURT ON 14.07.2021 DELIVERED THE FOLLOWING:
M.A.C.A No.2529 of 2018 :2:
A.BADHARUDEEN, J.
----------------------------------------
M.A.C.A No.2529 of 2018
---------------------------------------------
Dated this the 14th day of July, 2021
JUDGMENT
The appellant/petitioner, who is aggrieved by the quantum of compensation
awarded by the M.A.C.T, Thiruvananthapuram in O.P(MV) No.824/2009, has filed this
appeal.
2. Brief facts of the case:
On 30.08.2008 at about 2.30 pm, the appellant/petitioner Noushad was riding a
motorcycle bearing Reg.No.KL-16-C-829 through Anchal-Puthayam road and when it
reached near Alayamon temple, a jeep bearing Reg.No.KL-02-V-5681 came in the oppo-
site direction and hit on the motorcycle and he sustained injuries. He claimed compensa-
tion from the 1st respondent, who is the owner of the offending jeep and the 2 nd respon-
dent, who is the insurer of the vehicle.
3. Against a total claim of Rs.3,80,000/-, the Tribunal on appreciation of evi-
dence, granted Rs.1,19,000/- with 9% interest as per the details given in para.17 of the
impugned award, which is extracted below:
Sl. Head of claim Amount awarded
No.
1 Loss of earning Rs. 18,000.00
2 Transportation to hospital and back Rs. 1,000.00
3 Damage to clothing and other articles Rs. 500.00
4 Extra nourishment Rs. 1,500.00
5 Bystander expenses Rs. 2,200.00
6 Compensation for pain and suffering etc. Rs. 20,000.00
Compensation for loss of earning power Rs. 60,480.00
7 (4500X12X16X7X100)
8 Compensation for loss of amenities Rs. 15,000.00
Total Rs. 1,18,680.00
(rounded to Rs.1,19,000/-)
The 2nd respondent/insurer was made entirely liable to satisfy the impugned award.
4. The petitioner, who is aggrieved by the quantum of compensation, has pre-
ferred this appeal. While canvassing increase, the learned counsel for the appellant/peti-
tioner submitted that the Tribunal fixed Rs.4,500/- only as the monthly income of the
petitioner. As per the judgments of the Honourable Supreme Court in Ramachandrappa
v. Manager, Royal Sundaram Alliance [(2011) 13 SCC 236] and Syed Saidq and others
v. Divisional Manager United India Insurance Co.Ltd. [(2014) 2 SCC 735], the Apex
Court fixed the notional monthly income of a coolie worker in the year 2004 at
Rs.4,500/- per month and that of a vegetable vendor in the year 2008 at Rs.6,500/-. Since
the law is settled on this point, the learned counsel for the insurance company also not
opposed. In view of the above fact, I am inclined to fix the monthly income of the peti-
tioner as Rs.6,500/- for assessing loss of earnings and disability, taking note of the fact
that the accident was on 30.08.2008.
5. Therefore, the loss of earning granted by the Tribunal for 4 months will be
enhanced to Rs.6,500/- X 4 = 26,000/-. Out of which, Rs.18,000/- was granted by the
Tribunal and the petitioner is entitled to Rs.8,000/- more on that head.
6. Coming to compensation for loss of earning power, the same required to be
recalculated as : 6500X12X16X7/100. So the amount is arrived at = Rs.87,360/-. Out of
which Rs.60,450/- was granted by the Tribunal and therefore, the petitioner is entitled to
get Rs.26,910/- more under the head `loss of earning' than what was awarded by the
Tribunal.
7. Even though the appellant/petitioner produced medical bills amounting to
Rs.2,152.50, the Tribunal has not granted any amount under the head `medical expenses'
on the finding that the medical bills were not properly produced. The rejection of medi-
cal bills on technical ground cannot be justified. Thus, the same is also liable to be grant-
ed. Therefore, I grant Rs.2152.50 under the above head.
8. The learned counsel for the appellant/petitioner further submitted that
the compensation granted under the heads `pain and suffering' and `loss of amenities' are
also on lower side in a case where the petitioner sustained fracture on right ilium fracture
on neck of first metacarpal (right) and fracture to right calcaneum. Reasonable increase
under these heads will also liable to be granted. Therefore, I enhance compensation for
pain and suffering to Rs.10,000/- more and loss of amenities to Rs.5,000/- more in addi-
tion to the amount granted by the Tribunal.
In the result, the appeal is allowed in part. The appellant/petitioner is entitled to a
further amount of Rs.52,100/- (Rupees Fifty two thousand one hundred only) as compen-
sation as shown below in addition to the amounts already awarded by the Tribunal under
the impugned award. The enhanced amount shall carry interest @ 9% per annum.
i) Loss of earnings : Rs. 8,000.00
(Rs.6,500/- X 4 = 26,000/- minus Rs.18,000/-)
ii) Loss of earning power : Rs. 26,910.00
(6500X12X16X7/100 minus Rs.60,450/-)
iii) Medical expenses : Rs. 2,152.50
(no amount awarded by the Tribunal )
iv) Pain and sufferings : Rs.10,000.00
v) Loss of amenities : Rs. 5,000.00
---------------------
Total : Rs.52,062.50
=========
(Rounded off to Rs.52,100/- )
(Rupees Fifty two thousand one hundred only)
The 1st respondent is directed to deposit the entire amount of compensation with
9% interest before the Tribunal within a period of two months from this day.
Sd/- (A. BADHARUDEEN, JUDGE)
rtr/
