Aneesh vs Saju M.S
2021 Latest Caselaw 9860 Ker

M.A.C.A.No.735/2013               1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                         MACA.No.735 OF 2013

AGAINST THE AWARD IN OPMV 981/2010 DATED 21-07-2012 OF PRL.MOTOR
              ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE


APPELLANT/S:

                ANEESH,
                S/O.KUNHIKANNAN, RESIDING AT KUNNATH HOUSE,
                ARIKKULAM AMSOM ORALLUR DESOM, OORALLUR P.O,
                KOYILANDY, KOZHIKODE.

                BY ADV. SRI.AVM.SALAHUDIN

RESPONDENT/S:

       1        SAJU M.S,
                S/O.VALSAN, SREEVALSAM P.O. ELATHUR,
                KOZHIKODE, 673 303.

       2        AFSAL T.V,
                S/O.ABDURAHIMAN, 1/415, THAIVALAPPIL HOUSE,
                P.O. ELATHUR, KOZHIKODE, 673 303.

       3        THE NEW INDIA ASSURANCE COMPANY LIMITED,
                DIVISIONAL OFFICE-II, SHAFEER COMPLEX,
                OPP. YMCA, KANNUR ROAD, KOZHIKODE, 673 001.

                R1, R3 BY ADV. SRI.PMM.NAJEEB KHAN

     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
     ON 24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
     FOLLOWING:
 M.A.C.A.No.735/2013                2




                              JUDGMENT

Dated this the 24th day of March, 2021

This is an appeal filed by the petitioner in O.P.(MV).No.981

of 2010 on the file of Motor Accidents Claims Tribunal,

Kozhikode. The claim petition was filed by him seeking

compensation for the injuries sustained to him in a motor

accident occurred on 23.02.2010. It was contended that he was

working as a marketing executive in a private firm and earning

Rs.10,000/- per month. At the time of accident he was aged 30

years. It was contended that due to the injuries, he sustained

permanent disablement. The total compensation he sought for is

an amount of Rs.10,00,000/-. The 3rd respondent Insurance

Company filed a written statement admitting the coverage of

policy but disputed the liability on various grounds. Quantum of

compensation was also seriously disputed.

2. Evidence in this case consist of Exts.A1 to A8 from the

side of the appellant. The certificate of permanent disability was

marked as Ext.C1. No evidence was adduced from the side of

the respondent. After the trial, Tribunal passed an award

allowing a total compensation of Rs.2,31,971/- and the 3 rd

respondent was directed to deposit the said amount along with

interests at the rate of 7% per annum. Being dissatisfied with

the said compensation, this appeal is filed.

3. Heard the learned counsel for the appellant and the

learned counsel for the 3rd respondent Insurance Company. The

learned counsel for the appellant contended that the amount

awarded by the Tribunal under the head of loss of earning

capacity is on lower side. While considering the said issue, it

can be seen that the monthly income taken by the Tribunal is

only Rs.4,500/-. The monthly income was so fixed on the ground

that no evidence was adduced by the appellant to substantiate

the monthly income. However, going by the principles laid down

by the Hon'ble Supreme Court in Syed Sadiq v. Divisional

Manager, United India Insurance Company [(2014) 2 SCC 735]

and Ramachandrappa v. Manager, Royal Sundaram Alliance

Insurance Co.Ltd [(2011) 13 SCC 236], the monthly income for

a person with no known sources of income has to be fixed at the

rate of Rs.4,500/- per month in the year 2004. It is also well

accepted method that addition of Rs.500/- per year can be made

for the subsequent years, while applying the said principle in this

case, the amount of monthly income has to be fixed as Rs.7,500/-

as the accident is in 2010 and it is fixed as such. On account of

the revision of the monthly income as above, the appellant shall

be entitled for a total amount of Rs.45,900/- [7500 x 12 x 17 x

3/100] under the head of permanent disability. The Tribunal has

already awarded an amount of Rs.27,540/- under the head and

therefore, after deducting the said amount, the balance amount

payable under this head to the appellant shall be Rs.18,360/-.

4. On account of revision of monthly income, he will be

entitled for enhancement under the head of compensation for

loss of earning as well. The amount already awarded under this

head is Rs.4,500/- for a period of three months. Considering the

nature of injuries and the period of hospitalization of the

appellant, the period to be taken for the purpose of computing

the loss of earning can be fixed as six months. Therefore, he will

be entitled for a total amount of Rs.45,000/- [7500 x 6] under this

head. After deducting the amount of Rs.13,500/- granted by the

Tribunal, the appellant is found entitled for a further sum of

Rs.31,500/-. The amount awarded under the head pain and

suffering is Rs.25,000/- and the amount granted under the head

of loss of amenities of life is Rs.5,000/-. Considering the nature

of injuries, the period of hospitalization and the date of accident,

this Court is of the view that Rs.15,000/- each can be granted

under both these heads.

5. It was further pointed out by the learned counsel for

the appellant that the amount awarded under the head of

bystander expenses is also on lower side. Period of

hospitalization is 31 days and the Tribunal has calculated Rs.50/-

per day. Considering the date of the accident, this Court is of the

view that the rate of bystander expense can be fixed as Rs.200/-

per day. On account of the said revision, appellant is entitled for

a further sum of Rs.1,550/- under this head.

Thus a total compensation to be awarded in addition to the

amount already granted is fixed as Rs.81,410/- (18360 + 15000+

31500 + 15000 + 1550). The 3rd respondent Insurance Company

shall deposit the same along with interest and proportionate cost

as ordered by the Tribunal, within three months from the date of

receipt of a copy of this judgment

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

DG