Kerala High Court
Rasheed vs * Hafsal on 8 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942
MACA.No.106 OF 2009
AGAINST THE AWARD IN OPMV 195/2001 DATED 22-05-2007 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE
APPELLANT/CLAIMANT:
RASHEED, S/O. KUNHATHU, AGED 26 YEARS,
RESIDING AT KARIYATHANKAVU PARAMBA,OLAVANNA PO,,
KOZHIKODE.
BY ADV. SMT.K.V.RASHMI
RESPONDENTS/RESPONDENTS :
1* HAFSAL, RESIDING AT KADEEJAS HOUSE,
CHERANAMPALAM PARAMBU, P.O,
POKKUNNU,KOZHIKODE(DELETED)(R1 IS DELETED FROM THE
PARTY ARRAY AT THE RISK OF THE APPELLANT VIDE ORDER
DATED 27/09/2013 IN IA NO.2530/2013 IN MACA
NO.106/2009).
2 THE NEW INDIA ASSURANCE CO.LTD
SILVER PLAZA BUILDING, INDIRA GANDHI ROAD,,
KOZHIKODE.
R1 BY ADV. SMT.RAJI T.BHASKAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
08-03-2021, THE COURT ON 08-03-2021 DELIVERED THE FOLLOWING:
2
M.A.C.A. No.106 of 2009
P.V.KUNHIKRISHNAN, J.
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M.A.C.A. No.106 of 2009
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Dated this the 8th day of March, 2021
JUDGMENT
The appellant is the claimant in O.P.(MV) No.195/2001 on
the file of the Motor Accidents Claims Tribunal, Kozhikode.
2. The above claim petition is filed by the
appellant/claimant claiming compensation under Section 166 of
the Motor Vehicles Act.
3. The short facts are like this: on 10.11.2000 at about
12 noon, the appellant was standing on the side of Kinassery
road, and at that time, an auto bearing Reg. No. KL 11/H 4954
came in a rash and negligent manner hit him. He sustained
serious injuries. He claimed an amount of Rs.2 lakh as
compensation.
4. To substantiate the case, Exts.A1 to A3 were produced
by the claimant. After going through the documents and
pleadings, the Tribunal awarded a compensation of Rs.18,641/-.
Aggrieved by the quantum of compensation, this appeal is filed.
5. Heard the counsel for the appellant and the counsel for
the second respondent Insurance Company.
6. The counsel for the appellant submitted that the
appellant sustained serious injury including fracture on both
bones on the left leg. Only an amount of Rs.10,000/- is granted
towards pain and sufferings. Considering the serious nature of
injuries sustained, I think an amount of Rs.5,000/- more can be
granted in this head. For loss of amenities only Rs.1,000/- is
granted. I think, the appellant is entitled for an amount of
Rs.14,000/- more towards loss of amenities. For extra
nourishment, the appellant is entitled for an amount of
Rs.2,000/-. Admittedly, the appellant sustained a fracture and
normally he may not be able to go for regular work at least for
three months. According to the appellant, he was a hotel
employee. I think the monthly income of the appellant can be
safely fixed as Rs.2,500/- because the accident happened in the
year 2000. If three months income is assessed, the appellant is
entitled an amount of Rs.7,500/- for loss of earning for a period
of three months. For transportation Rs.500/- is allowed by the
Tribunal. I think another amount of Rs.5,00/- also can be allowed
on that head. Therefore, the enhanced compensation entitled by
the appellant can be summarised like this.
Amount
1. Loss of amenities Rs.14,000/-
2. Pain and sufferings Rs.5,000
3.Loss of earning Rs.7,500/-
4.Extra nourishment Rs.2,000/-
5. Transport Rs.500/-
Total Rs.29,000/-
The appellant is entitled an enhanced compensation of
Rs.29,000/-. The appellant is also entitled interest @ 7% per
annum. Therefore, the appellant is entitled enhanced
compensation of Rs.29,000/- with interest @ 7% per annum from
the date of application till realisation. The second respondent is
directed to pay the enhanced compensation with interest.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
al/-
