Kerala High Court
Pradeep @ Manikuttan vs Gireesh Kumar on 26 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
MACA NO. 2154 OF 2012
OP(MV) 966/2004 OF ADDITIONAL DISTRICT COURT & ADDITIONAL MOTOR
ACCIDENTS CLAIMS TRIBUNAL, PATHANAMTHITTA
APPELLANT/PETITIONER IN OP(MV):
PRADEEP @ MANIKUTTAN, AGED 33 YEARS,
S/O.UNNIKRISHNAN NAMPOOTHIRI, PUNNAVELIL ILLAM,
PARAKODE MURI, ADOOR.
BY ADVS.
SRI.ARUN.B.VARGHESE
SRI.P.HARI
SMT.R.SEEMA
RESPONDENTS/RESPONDENTS IN OP(MV):
1 GIREESH KUMAR, S/O.RAJENDRAN NAIR, KRISHNA BHAVAN,
KUNNIDA, KURUMPAKARA, KOLLAM-689001.
2 PRAKASH R., S/O.RAGHAVAN PILLAI, KUNNAMPADOM, MAYANADU,
KOLLAM-689001.
3 BRANCH MANAGER,
NATIONAL INSURANCE COMPANY LIMITED, CSI BUILDING,
CHINNAKADA, KOLLAM-689001.
BY ADV SMT.SARAH SALVY
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME BEEN FINALLY
HEARD ON 19.08.2022, THE COURT ON 26.08.2022 DELIVERED THE
FOLLOWING:
MACA 2154 of 2012 2
JUDGMENT
This appeal has been preferred by the claimant in
O.P.(MV) No.966 of 2004 on the file of Additional District
Judge and Additional Motor Accidents Claims Tribunal,
Pathanamthitta. The appellant has approached this Court
alleging inadequacy of the compensation awarded by the
Tribunal.
2. On 17.03.2004, while the appellant was riding a
motorcycle through Enathu-Ezhamkulam public road, KL-
5/B-6247 bus driven by the 1st respondent in a rash and
negligent manner, dashed against his motorcycle and he
sustained serious injuries. He was hospitalised for ten days
and suffered disability also due to the injuries. He
approached the Tribunal claiming compensation of
Rs.3,00,000/-. But the Tribunal awarded only Rs.1,35,550/-.
According to the appellant, that is not the just compensation
and hence this appeal.
3. Let us have a reappraisal of the facts and evidence
to find out whether any interference is called for in the
impugned award.
4. According to the appellant, he was a 25 year old
'santhi' in a temple earning monthly income of Rs.3,000/-.
But the Tribunal fixed his notional income at the rate of
Rs.2,500/- in the absence of evidence to prove his income.
Since the accident was in the year 2004 and the appellant
was aged only 25, going by the decision Ramachandrappa
v. Manager, Royal Sundaram Alliance Insurance
Company Limited [AIR 2011 SC 2951], he was eligible
to get his notional income fixed @ Rs.4,500/-. But even
according to the appellant, his monthly income was only
Rs.3,000/-. So he is not eligible to fix his notional income
exceeding his claim. So he is eligible to get his notional
income fixed @ Rs.3,000/-. He suffered comminuted fracture
of right femur M/3, fracture patella (right) undisplaced and
multiple lacerated wounds. He was hospitalised for 7 days
initially and thereafter, for removal of implants. Loss of
earning for six months is justified considering the nature of
injuries and hospitalisation. So towards loss of earning, he
is eligible to get Rs.18,000/-. Since he was already awarded
Rs.10,000/- by the Tribunal he is eligible to get Rs.8,000/-
as enhanced compensation towards loss of earning.
5. Towards extra nourishment, he is eligible to get
Rs.1,500/- more, considering the period of hospitalisation
and the rest period thereafter.
6. Towards bystander expenses, only Rs.1,000/- was
awarded. He was hospitalised for ten days in total and since
his right femur was fractured with undisplaced fracture of
patella, he might have been in need of a bystander even
after discharge. So this Court is inclined to award Rs.1,500/-
more towards bystander expense.
7. Towards pain and suffering, he was awarded
Rs.20,000/-. Considering the multiple fractures and
lacerated wounds with hospitalisation of ten days,
Rs.30,000/- towards pain and suffering appears to be just
compensation. So, he is eligible to get Rs.10,000/- more as
enhanced compensation for pain and suffering.
8. For permanent disability, the Tribunal awarded
Rs.37,800/- taking his monthly income as Rs.2,500/-.
Ext.A9 Disability Certificate was relied upon by the Tribunal
to take his disability as 7%. Since we have fixed his notional
income as Rs.3,000/-, the compensation for permanent
disability can be re-assessed as Rs.45,360/- (3,000 X 12 X
18 X 7 / 100). Since he was already paid Rs.37,800/-, he is
eligible to get balance Rs.7,560/- as enhanced compensation
for permanent disability.
9. Towards loss of amenities, he was awarded only
Rs.10,000/-. Since he suffered fracture patella and fracture
right femur with partial ankylosis with limping as seen from
Ext.A9 Disability Certificate, this Court inclined to award
Rs.5,000/- more towards loss of amenities.
10. Under all other heads the compensation awarded
seems to be reasonable.
Head of claim Amount Amount Difference to be
awarded by awarded in drawn as
the Tribunal appeal enhanced
compensation
Loss of earning Rs.10,000/- Rs.18,000/- Rs.8,000 /-
Extra Rs.1,500/- Rs.3,000/- Rs.1,500/-
nourishment
Bystander Rs.1,000/- Rs.2,500/- Rs.1,500/-
expenses
Pain and Rs.20,000/- Rs.30,000/- Rs.10,000/-
suffering
Permanent
disability and Rs.37,800/- Rs.45,360/- Rs.7,560/-
loss of earning
power
Loss amenities Rs.10,000/- Rs.15,000/- Rs.5,000/-
Total Rs.33,560/-
11. In the result, the appellant is entitled to get
enhanced compensation of Rs.33,560/- (8,000 + 1,500 +
1,500 +10,000+ 7,560+ 5,000) (Rupees Thirty Three
Thousand Five Hundred and Sixty only)
12. The 3rd respondent-Insurance Company is directed
to deposit the enhanced compensation in the Bank account
of the appellant with interest at the rate of 7.5% from the
date of petition till the date of deposit (excluding 402 days
of delay in filing the appeal) within a period of two months
from the date of receipt of a copy of this judgment. The
deposit must be in terms of the directives issued by this
Court in Circular No.3 of 2019 dated 06/09/2019 and
clarified in O.M.No.D1/62475/2016 dated 07/11/2019 after
deducting the liabilities, if any, of the appellant towards Tax,
balance court fee and legal benefit fund.
The appeal is allowed accordingly. No order as to costs.
Sd/-
SOPHY THOMAS,
JUDGE
DSV/23.08.2022
