Kerala High Court
Pushkaran K.V vs *K.Usha 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.2459 OF 2010
AGAINST THE AWARD IN OPMV 1284/2003 DATED 30-01-2010 OF SPECIAL
COURT FOR EC ACT CASES &MOTOR ACCIDENT CLAIMS TRIBUNAL ,TSR
APPELLANT/S:
PUSHKARAN K.V.
S/O VELAYUDHAN,
KARATTUPARAMBIL HOUSE, NEDUPUZHA P.O.,, THRISSUR
DISTRICT.
BY ADV. SRI.T.C.SURESH MENON
RESPONDENT/S:
1 *K.USHA
W/O KUNJIRAMAN
H.NO.100/1, M.O.NIVAS, BARA,, UDMA, HOSDURG,
KANHANGAD, KASARAGODE DISTRICT.671315 (DELETED)
* RESPONDENT NO.1 IS DELETED FROM PARTY ARRAY VIDE
ORDER DATED 12.3.2020 IN IA NO.1/2018 IN MACA
2459/2010
2 RATNAKARAN.K
S/O KUNHAMBU NAIR
KOLAMKUNNU HOUSE, CHENKALA DESOM,, KOLAMKUNNU, UDMA
VILLAGE, KASARAGODE DISTRICT.
671315
3 THE UNITED INDIA INSURANCE CO.LTD.
P.B.NO.19, PADMAVATHY COMMERCIAL COMPLEX,, KMC
IX/139(II) M.G.ROAD, KASARAGODE.
671121
R3 BY SRI.P.K.MANOJKUMAR,SC,UNITED INDIA INSU
R3 BY ADV. SRI.PMM.NAJEEB KHAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 26-02-2021, THE COURT ON 01-03-2021 DELIVERED THE FOLLOWING:
MACA.No.2459 OF 2010 2
P.V.KUNHIKRISHNAN, J
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M.A.C.A. No.2459 of 2010
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Dated this the 1st day of March, 2021
JUDGMENT
The appellant is the injured claimant in O.P.(M.V.) No.1284/2003
on the file of the Motor Accidents Claims Tribunal, Thrissur. The above
claim petition was filed under Sec. 166 of the Motor Vehicles Act
claiming compensation for the injuries sustained.
2. The short facts are like this :
On10.2.2002, while the appellant was travelling as pillion rider in a
motor cycle bearing registration No. KL-8 V 8717 with his friend, who
was the rider of the motor cycle through the Kunnamkulam-Thrissur
Road from west to east direction and when they reached at Choondal on
Parakkulam road, a lorry bearing registration No. KL-14 A-1251 which
was driven by the 2nd respondent in a rash and negligent manner with
hectic speed came from the opposite direction through the ab ovesaid
road and hit against the motor cycle and as a result of that, the appellant as
well as his friend were thrown away and fell on the road and sustained
severe injuries. The appellant claimed an amount of Rs. 6,54,200/- as
compensation.
3. The Tribunal found that the driver of the offending vehicle
was negligent and the liability of the 3 rd respondent was found
because the vehicle was covered with insurance.
4. To substantiate the case, Exts. A1 to A13 were marked on
the side of the appellant-claimant. After going through the documents
and pleadings, the Tribunal found that the appellant is entitled a total
compensation of Rs.2,42,500/- with 7% interest from the date of filing
the petition. Aggrieved by the quantum of compensation, this appeal
is filed by the appellant-claimant.
5. The counsel for the appellant submitted that the appellant
was aged 40 years at the time of accident and he was working as a
salesman in Ponni Silks, which is a textile shop. The Tribunal without
considering the same, fixed the notional monthly income as
Rs.2,500/-. According to me, the above fixation of notional monthly
income is not correct in the light of the judgment in
Ramachandrappa v. The Manager, Royal Sundaram Alliance
Insurance Company Limited [AIR 2011 SC 2951]. The accident
happened in 2002. Therefore, the monthly income can be fixed as
Rs.3,500/-. An increase of 25% is to be given towards future
prospects. If that is the case, the monthly income is to be re-
calculated as Rs.4,375/-.
6. The Tribunal assessed loss of earning for 24 months. Based
on the new monthly income now fixed, it is to be re-calculated in the
following manner :
24 x 4,375 = Rs.1,05,000/-
An amount of Rs. 60,000/- which is already granted is to be
deducted from the same and the enhanced amount entitled by the
appellant in this head is Rs.45,000/-.
7. Similarly, the compensation for disability is also to be re-
calculated in the following manner :
4,375 x 12 x 15 x 12/100 = Rs.94,500/-
From this amount, the amount already granted is to be
deducted, which is Rs.54,000/-. Therefore, the enhanced amount the
appellant is entitled in this head is Rs.40,500/-
8. In the light of the above, the enhanced compensation
entitled by the appellant can be summarised like this :
Sl.No. Head Amount
1 Loss of earning Rs.45,000/-
2 Compensation for disability Rs.40,500/-
Total Rs.85,500/-
Therefore, the appeal is allowed in part. The impugned award is
modified and the appellant is entitled an additional amount of
Rs.85,500/- with interest at the rate of 8% interest from the date of
application till realisation. The respondent No.3 is directed to pay the
enhanced amount.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
