Kerala High Court
Saradamma vs Chacko Jose & Another on 1 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942
MACA.No.1966 OF 2010
AGAINST THE AWARD IN OPMV 433/2005 DATED 28-10-2009 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL ALAPPUZHA
APPELLANT/S:
SARADAMMA
CHEMMATH CHIRA, CHERTHALA.P.O., ALAPPUZHA.
BY ADVS.
SRI.S.SANAL KUMAR
SMT.BHAVANA V.
RESPONDENT/S:
1 CHACKO JOSE & ANOTHER
THONIPPARA VEEDU, VILIKUDY (P), ILAMPAN P.O.,,
PUNALOOR, PATHANAMTHITTA, PIN-691 305.
2 THE MANAGER
ORIENTAL INSURANCE COMPANY LIMITED,, BRANCH OFFICE,
PUNALOOR, PATHANAMTHITTA-691 305.
R1 BY ADV. SRI.A.R.GEORGE
R1 BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 25-02-2021, THE COURT ON 01-03-2021 DELIVERED THE
FOLLOWING:
MACA.No.1966 OF 2010
2
P.V.KUNHIKRISHNAN, J
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M.A.C.A. No. 1966 of 2010
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Dated this the 1st day of March 2021
JUDGMENT
The appellant is the claimant in O.P. M.V No. 433/2005 on
the files of Motor Accident Claims Tribunal, Alappuzha. This is a
claim petition filed under Section 166 of the Motor Vehicles Act.
2. The Brief facts of the case is like this:- On 03.04.2004,
at about 9.pm., when the appellant was walking through the side
of Cherthala-Alappuzha National Highway road and when she
reached near Cherthala Police Station, a Tata Sumo vehicle
bearing Registration No. KL-02/D-9999 driven by the 1 st
respondent came in a rash and negligent manner, hit the
petitioner and one of the wheels of the vehicle run over the left
foot of the petitioner. The petitioner sustained injuries to her
left foot. The petitioner was taken to different hospitals and that
the petitioner claims an amount of Rs. 2,00,000/- (Rupees Two
Lakhs Only) as compensation.
MACA.No.1966 OF 2010
3. The negligence of the 1st respondent is found by the
Tribunal and the insurance is also admitted. The appellant is
aggrieved by the quantum of compensation fixed by the
Tribunal. The Tribunal granted an amount of Rs. 58,000/-
(Rupees Fifty Eight Thousand Only) towards the total
compensation under different heads, which is extracted
herewith:-
Compensation for Loss of Earning : Rs. 15,000/-
Cost of Medicine and Treatment Charges : Rs. 2,500/-
Transportation Charges : Rs. 3,000/-
Bystander Expenses : Rs. 3,000/-
Extra Nourishment : Rs. 1,000/-
Damage to Clothing : Rs. 500/-
Compensation for pain and suffering : Rs. 15,000/-
Compensation for permanent disability and
Loss of Earning Power : Rs. 8,000/-
Compensation for Loss of Amenities : Rs. 10,000/-
__________________
Total : Rs. 58,000/-
4. The learned counsel for the appellant submitted that the
appellant was 45 years old at the time of the accident. She was
a house maid and was getting a monthly income of Rs. 5,000/-.
MACA.No.1966 OF 2010
The accident happened in the year 2004. In the light of the
decision of the Apex Court in Ramachandrappa v. The Manager,
Royal Sundaram [2011(13) SCC 236], the monthly income of the
appellant can be safely fixed as Rs.4,500/-. The multiplier used
by the Tribunal is 13. Admittedly, the appellant was aged 45
years, therefore the multiplier applicable is 14. This is not
disputed by the learned counsel for the respondent also.
Therefore, the appellant is entitled enhancement towards loss of
earning based on the revised notional income fixed. Therefore,
the compensation for loss of earning entitled by the appellant is
Rs.27,000/- (4500x6). The amount already granted by the
Tribunal is Rs.15,000/-. Therefore, the appellant is entitled an
additional amount of Rs.12,000/- (Rupees Twelve Thousand
Only) towards loss of earning.
5. As far as the bystander expense is concerned,
admittedly, the appellant was in hospital for 65 days. Therefore,
the appellant is entitled an amount of Rs.9750/- (150x65). The
Tribunal awarded an amount of Rs. 3,000/-. Therefore, the
appellant entitled Rs.6750/- (Rupees Six Thousand Seven
Hundred and Fifty Only) towards bystander expenses.
MACA.No.1966 OF 2010
6. Towards extra nourishment also, the appellant is
entitled a further amount of Rs. 2,000/- (Rupees Two Thousand
Only).
7. The appellant sustained very serious injuries and he was
in hospital for 65 days. Therefore, the appellant is entitled a
further amount of Rs. 5,000/- (Rupees Five Thousand Only)
towards pain and sufferings.
8. Towards the compensation for permanent disability, the
Tribunal granted an amount of Rs. 8,000/-. Based on the
notional income now fixed and the new multiplier, the
calculation will be like this:-
4500x12x14x2/100=Rs. 15,120/-.
The Tribunal already granted an amount of Rs.8,000/-
which is to be deducted from the above amount. Therefore, the
amount entitled by the appellant towards permanent disability is
Rs.7120/- (Rupees Seven Thousand One Hundred and Twenty
Only).
9. The total enhanced amount of compensation that the
appellant entitled is summarised as follows:-
MACA.No.1966 OF 2010
1. compensation for loss of earnings : Rs.12,000/-
2. Bystanders expenses : Rs.6,750/-
3. Extra Nourishment : Rs.2,000/-
4. Pain and Sufferings : Rs.5,000/-
5. Permanent disability and loss of earning : Rs.7120/-
_______________
Rs.32,870/-
Therefore, this appeal is allowed in part. The impugned
award is modified. The appellant is entitled an additional
compensation of Rs.32,870/- (Rupees Thirty Two Thousand Eight
Hundred and Seventy Only) with interest at the rate of 7.5% p.a,
from the date of petition. The 2nd respondent is liable to pay the
said amount.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
avs
