Kerala High Court
K.Narayanan vs Rouf T.P on 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA,
1943
MACA NO. 1689 OF 2012
AGAINST THE AWARD IN OP(MV) 502/2006 OF MOTOR ACCIDENTS
CLAIMS TRIBUNAL, KASARAGOD
APPELLANT/PETITIONER :
K.NARAYANAN,
AGED 46 YEARS, S/O.KUNHAMBU NAMBI K.,
214, KALIYANTHIL HOUSE,
KARIVELLUR VILLAGE, VADAKKUMPADU P.O.,
THALIPARAMBA TALUK, KANNUR DISTRICT.
BY ADVS.
SRI.T.K.VIPINDAS
SMT.P.K.PRIYA
SRI.K.V.SREE VINAYAKAN
RESPONDENTS/RESPONDENTS :
1 ROUF T.P.,
AGED 24 YEARS, S/O.EBRAHIM,
KUNNATHIL VALAPPU, PULATHIL PALLI,
MATTANNUR P.O., KANNUR DISTRICT,
PIN - 670702.
2 K.V. PRAMOD, S/O.T.V.NARAYANAN,
PRASADALAYAM, MAZTTANNUR P.O.,
KANNUR DISTRICT, PIN-670 702.
3 THE BRANCH MANAGER,
UNITED INDIA INSURANCE COMPANY,
THALASSERY BRANCH, ASHEEQUA TOWER,
MATANGAPUTAIN, THALASSERY, PIN-670101.
BY SRI.MATHEWS JACOB, SR.STANDING COUNSEL
SRI.JACOB MATHEW, STANDING COUNSEL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP
FOR ADMISSION ON 03.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
M.A.C.A.No.1689 of 2012 ..2..
M.A.C.A.No.1689 of 2012
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JUDGMENT
The petitioner in OP(MV)No.502 of 2006 on the file
of the Motor Accidents Claims Tribunal, Kasaragod is the
appellant and he impugns award dated 03.05.2011 in the
above case.
2. The petitioner, who sustained injuries in an
accident happened on 04.11.2005, while riding a motorcycle
bearing registration No.KL-13G-8032 from Cheruvathur to
Kalikkadavu, was alleged to be hit down by a tempo trax
bearing registration No. KL-13 J-0470 driven by the first
respondent came from the opposite direction. Alleging
negligence on the part of the first respondent, the petitioner
approached the Tribunal and claimed Rs.10,00,000/- as
compensation.
3. Heard the learned counsel on both sides.
4. The third respondent insurance company filed
M.A.C.A.No.1689 of 2012 ..3..
written statement and admitted the policy and also disputed
the accident as well as the negligence.
5. The learned Tribunal tried two cases jointly
viz.,O.P.(MV)Nos.501 of 2006 and 502 of 2006 (both petitioners
are travellers in the motorcycle) and granted Rs.4,51,807/- as
compensation to the appellant.
6. The appellant, who is aggrieved on the ground
of inadequacy, has approached this Court.
7. The learned counsel for the appellant would
submit that the Tribunal considered Rs.3,000/- alone as the
income for fixing disability income taking note of the fact that
the appellant is a regular employee in Government service. It
is submitted further that in MACA No.1673 of 2012 arising out
of connected OP(MV)No.501 of 2006 of MACT, Kasaragod, this
Court as per judgment dated 24.01.2018, fixed Rs.4,500/- as
the monthly income for assessing disability income therefore,
the same treatment is to be given to the appellant also.
8. Though the learned counsel for the insurance
company raised dispute regarding entitlement of disability
M.A.C.A.No.1689 of 2012 ..4..
income in the case of a permanent employee, in view of the
judgment in MACA No.1673 of 2012 arising of connected O.P.
(MV)No. 501 of 2006, the same treatment required to be given
to the appellant also not as a precedent. Therefore, I am
inclined to re-fix the disability income after fixing Rs.4,500/-
per month as the monthly income.
9. Regarding the disability of the appellant,
Ext.X2 is the medical disability certificate issued by the District
Medical Board of Kanhangad. As per Ext.X2, the permanent
disability is assessed as 14% while showing the limb disability
as 31%.
10. In paragraph 28 of the award, the learned
Tribunal after narrating the recitals in Ext.X2 fixed 22%
disability without giving any explanation. However, the
percentage of disability fixed at 22% by the Tribunal is not
under challenge. Therefore, I am not inclined to revisit 22%
disability fixed by the Tribunal, though the procedure adopted
is found to be incorrect. Thus, the loss of disability income is
calculated as under;
M.A.C.A.No.1689 of 2012 ..5..
4500x12x15x22% = 1,78,200/-
Out of which, Rs.1,18,800/- was granted by the
Tribunal. Rs.178200-Rs.1,18,800= Rs.59,400/- more is
granted under the head loss of disability income. This
disability is fixed not as a precedent, but by following the
procedure adopted in connected MACA No.1673 of 2012. The
learned counsel canvassed increase under the head loss of
amenities also. Having noticed the injuries viz., proximal
phalanoe of middle finger & right ring finger(R), comminuted
fracture (R) tibia, diastasis of public symphasis, comminuted
fracture frontal bone with large area of pheumo Cephalus in
bilateral frontal region, Cerebral Ocdema, Maxillary
haemosiness, fracture ® temporal bone, extra peritoneal
bladder injury. Now he has got limitaton (R) hip knee & ankle
motion, affected stability of (R) lower limb, 1 cm shortening of
right lower limb, I am of the view that Rs.20,000/- under the
head loss of amenities can also be granted. Thus, the
appellant is entitled to get enhanced compensation to the tune
of Rs.79,400/-.
M.A.C.A.No.1689 of 2012 ..6..
In the result, this appeal is allowed in part. It is
ordered that the appellant is entitled to get enhanced
compensation to the tune of Rs.79,400/-(Rupees Seventy
Nine Thousand Four Hundred only) at the rate of 8% interest
granted by the Tribunal from the date of petition till the date of
deposit or realisation excluding the period of 364 days
wherein, grant of interest was specifically disallowed by the
order in C.M.Application No.1998 of 2012 dated 21.08.2012.
The insurance company is directed to deposit the same in the
name of the appellant within two months from today. On
deposit, the appellant can release the same.
Sd/-
A.BADHARUDEEN, JUDGE
rkj
M.A.C.A.No.1689 of 2012 ..7..
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1 TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY KMC HOSPITAL, MANGALORE
DATED 30.05.2012
ANNEXURE A2 TRUE COPY OF THE BILLS ISSUED BY KMC
HOSPITAL, MANGALORE DATED 30.05.12.
ANNEXURE A3 TRUE COPY OF THE CERTIFICATE ISSUED BY
KMC HOSPITAL, MANGALORE DATED
25.05.2007
