K.A.Ramdas vs Sajith Malentada @ Sajith
2021 Latest Caselaw 9498 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943

                         MACA.No.518 OF 2010

   AGAINST THE AWARD IN OPMV 1858/2002 OF SPECIAL C SPE/CBI-I&3
ADDITIONAL DISTRICT COURT .ADD MOTOR ACCIDENT CLAIMS TRIBUNAL ,EKM


APPELLANT:

               K.A.RAMDAS
               S/O. SRI. AYYAPN,
               CHETTIPARAMBIL HOUSE,
               ELAMAKKARA.P.O,
               EDAPPALLY SOUTH VILLAGE,
               ERNAKULAM DISTRICT.

               BY ADVS.
               SRI.ANIL S.RAJ
               SMT.ANILA PETER
               SMT.BEENA DEVASSY
               SMT.K.N.RAJANI
               SRI.RADHIKA RAJASEKHARAN P.

RESPONDENTS:

      1        SAJITH MALENTADA @ SAJITH
               S/O. BALAN,
               RENJITH HOUSE,
               PORAKKARA KARA,
               CHIRAKKARA.P.O,
               THALASSERY,
               KANNUR DISTRICT.

      2        THE ORIENTAL INSURANCE COMPANY LIMITED
               REGIONAL OFFICE,
               ERNAKULAM.

               R1 BY ADV. SRI.BIJU MARTIN
               R2 BY ADV. SRI.GEORGE CHERIAN (SR.)
               R2 BY ADV. SRI.ALEXY AUGUSTINE

OTHER PRESENT:

               SMT.K.S.SANTHI, SC

     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 MACA.No.518 OF 2010

                                      2




                  P.V.KUNHIKRISHNAN, J.
               ===================
                   MACA No.518 OF 2010
               ===================
           Dated this the 22nd day of March 2021


                             JUDGMENT

This appeal is filed by the petitioner in O.P (MV)

No.1858/2002 on the file of the Additional Motor

Accidents Claims Tribunal, Ernakulam. It was a claim

petition filed under Section 166 of the Motor Vehicles Act,

1988 (Hereinafter the parties are mentioned in

accordance to their rank before the Tribunal). The above

claim petition was disposed of along with OP (MV) NO.

1894 of 2002.

2. The short facts are like this:_

The petitioner in OP MV No. 1894/2002 was

riding a motor cycle bearing Registration No. MACA.No.518 OF 2010

KL-7/S 4730 and petitioner in OP MV No. 1858/2002 was

a pillion rider on it. While the driver was traveling from

north to south through Varapuzha Ernakulam NH road a

car bearing Registration No. KL-13/E 6658 came from the

opposite direction and hit against the motor cycle in

which petitioners were traveling and in that accident they

sustained severe injuries. According to the petitioner,

the accident occurred solely due to the negligence of the

driver of the car. Hence, the claim petition was filed for

compensation from the respondents.

3. To substantiate the case, Exts. A1 to A28 were

marked on the side of the claimant. PW1 and PW2 were

examined on the side of claimant. After going through

the evidence and documents, the tribunal found that, the

appellant is entitled an amount of Rs.1,19,176/-, with

interest @ 8% per annum from the date of application till

realization. Aggrieved by the quantum of compensation

this appeal is filed.

4. Heard the learned counsel for the appellant and MACA.No.518 OF 2010

the learned counsel for the 2nd respondent.

5. The learned counsel for the appellant submitted

that, the amount awarded by the tribunal is too low and

the appellant is entitled more amount. I perused the

impugned award. I think, in the facts and circumstances

of the case, a just compensation is awarded under

different heads except on two heads. The compensation

for loss of amenities, only an amount of Rs.5,000/- is

awarded. The appellant is entitled Rs.10,000/- more.

Similarly, the appellant was hospitalized for 56 days, and

an amount of Rs.5,600/- is awarded for bystander

expense. I think, the appellant is entitled for bystander

expense at the rate of Rs.150 for a period of 56 days.

Then the amount will be:- Rs.150 X 56 = Rs.8,400/-. The

amount already granted is Rs.5,600/-. Then the balance

amount will be:- Rs.8,400-5,600= Rs.2800/- .

6. In the light of the above discussions, the

enhanced compensation entitled by the appellant can be

summarized like this:

 MACA.No.518 OF 2010





         1. Loss of amenity             -    Rs.5,000/-
         2. Bystanders expense          -     Rs.2,800/-
                                         ------------------
                            Total           Rs.7,800/-
                                            == ========

7. The appellant is entitled interest @ 8% per

annum from the date of petition till realisation.

In the result, the appeal is allowed in part. The

impugned award is modified to the effect that the

appellant is entitled an enhanced compensation of

Rs.7,800/- with interest @ 8% p.a from the date of

petition till realisation. The 2nd respondent is directed to

pay the enhanced compensation with interest to the

appellant.

(Sd/-) P.V.KUNHIKRISHNAN JUDGE LU