Kerala High Court
Ameer vs E.Narendran And 2 Others on 17 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
MACA NO. 2233 OF 2009
(AGAINST THE AWARD DATED 15-11-2007 IN OPMV 3303/2001 ON THE FILE
OF THE PRINCIPAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE)
APPELLANT/PETITIONER:
AMEER, S/O AHAMMEDKOYA, AGED 22 YEARS,
RESIDING AT ALIKKAKATH PADANNAYIL HOUSE,
P.O.MANNUR, FEROKE (VIA) KOZHIKODE.
BY ADVS.
SRI.V.S.CHANDRASEKHARAN
SMT.LEKSHMI SWAMINATHAN
RESPONDENTS/RESPONDENTS:
1 E.NARENDRAN, S/O ARUMUGHAN
AGE NOT KNOWN, RESIDING AT EDATHODATH HOUSE,
P.O.KADALUNDI NAGARAM, KOZHIKODE.
2 BALASUBRAMANIAN S/O AYYAPPAN
AGED 49 YEARS, RESIDING AT CHALIL HOUSE,,
P.O.VALLIKUNNU, MALAPPURAM.
3 THE UNITED INDIA INSURANCE COMPANY LTD.,
UP HILL, MALAPPURAM.
BY ADVS.
SMT.K.C.BEENA
SMT.K.K.PREETHA
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 17.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA.No.2233 of 2009
2
JUDGMENT
The appellant is the claimant in OP(MV) No.3303/2001
on the file of the Principal Motor Accidents Claims Tribunal,
Kozhikode. The claim petition was filed under Section 166 of the
Motor Vehicles Act, 1988, claiming compensation on account of the
injuries sustained by the appellant in a motor accident, which was
occurred on 24.4.2001 at about 7.00 p.m., while he was riding a
bicycle from Mannur to Vadakkumbadam keeping the proper side of
the road, a scooter bearing Reg.No.KL-10/2456 came rashly and
negligently and dashed to the bicycle. Due to the accident, he
sustained injuries and was taken to Medical College Hospital,
Kozhikode. The accident occurred due to the rash and negligent
driving of rider of the scooter, the 2 nd respondent. 1st respondent is
the owner of the scooter and the vehicle is insured with the 3 rd
respondent, the Insurance Company. A total compensation of
Rs.2,00,000/- (Rupees Two Lakhs only) has been claimed.
2. Before the Tribunal, respondents 1 and 2 remained
absent and they were set ex-parte. 3rd respondent/insurer filed
written statement admitting the insurance coverage of the Motor
Cycle but denied negligence on the part of the 2nd respondent. The
MACA.No.2233 of 2009
compensation claimed under the various heads are contended to be
excessive and exaggerated.
3. There was no oral evidence from either side. Exts.A1 to
A4 were marked from the side of the appellant/claimant.
4. After considering the pleadings and materials on record,
the Tribunal arrived at a conclusion that the accident occurred due
to the rash and negligent driving of the scooter by the 2 nd
respondent rider. The Tribunal held that the 3rd respondent insurer
to pay the amount. Under various heads, the Tribunal awarded a
total compensation of Rs.7,000/- (Rupees Seven Thousand only)
together with interest at the rate of 7.5% per annum, from the date
of petition, i.e., 25.11.2001.
5. Dissatisfied with the quantum of compensation awarded
by the Tribunal, the appellant came up before this Court in appeal.
6. Heard the learned counsel for the appellant and also the
learned Standing Counsel for the 3rd respondent insurer. So the only
point for consideration is whether the appellant is entitiled for
enhancement of the total compensation awarded by the Tribunal.
Exhibit A2 is the copy of the wound certificate. The injuries noted
are a linear fracture involving anterior wall of maxillary sinus and
haemosinus and incidental periorbital air in the orbit. The injury
was revealed by C.T. scan of the head. Exhibit A4 series are medical
MACA.No.2233 of 2009
bill for Rs.1957/-. He was admitted in the Medical College Hospital
for six days. The petitioner was 14 year old boy.
7. In Raj Kumar v. Ajay Kumar and Another (2011 (1)
SCC 343 = 2010 KHC 5021) the Apex Court has laid down
general principles relating to compensation in injury cases. The
object of awarding damages to an injured in a motor vehicle
accident is to make good the loss suffered as a result of wrong
done as far as money can do so, in a fair, reasonable and equitable
manner. A person is not only to be compensated for the physical
injury, but also for the loss which he suffered as a result of such
injury.
8. The compensation is awarded under the heads Pecuniary
damages (Special Damages) and Non-pecuniary damages (General
Damages). In routine personal injury cases pecuniary damages
awarded only under the heads, expenses relating to treatment,
hospitalization, medicines, transportation, nourishing food, and
miscellaneous expenditure; Loss of earning during the period of
treatment; Damages for pain, suffering and trauma as a
consequence the injuries alone need be awarded. The assessment
of pecuniary damages involves the reimbursement of actual
expenses met by the victim to be made available by the injured in
evidence. Assessment of non-pecuniary damages involves
MACA.No.2233 of 2009
determination of lump sum amounts with respect to factors like
age, nature of injury, disability suffered if any, and effect of it on
future life of the claimant.
9. The Tribunal awarded amount under various heads as
follows:
Medical Bills - Rs.1957/-
Incidental Charge - Rs.1000/-
Pain & suffering - Rs.2500/-
Loss of amenity - Rs.1000/-
Transportation - Rs. 500/-
-------------
Rs.6957/-
-------------
Rounded as Rs.7000/-
========
10. In the present case, admittedly the petitioner has not
sustained any disability due to the accident and no disability
certificate also has been produced. But the records produced from
the side of the appellant would go to show that he is a 14 year old
boy and sustained a linear fracture involving anterior wall of
maxillary sinus and haemosinus and incidental periorbital air in the
orbit. He has undergone inpatient treatment at Medical College
Hospital, Kozhikode, for six days. The accident was on 24.4.2001.
MACA.No.2233 of 2009
He has produced medical bills in total for Rs.1957.
11. The above factors would reveal that the injuries
sustained by the appellant is on the maxillary sinus and there is
linear fracture involving anterior wall of maxillary sinus and
haemosinus and incidental periorbital air in the orbit.
12. According to the learned counsel for the appellant, he
had undergone inpatient treatment at Medical College Hospital,
Kozhikode, from 24.04.2001 to 30.04.2001. But no amount is seem
to be awarded towards attendant expenses. Copy of the wound
certificate is marked as Exhibit A2, it would shows that the injured
was admitted in the hospital, though, the discharge date is not
shown. The endorsement in the wound certificate would go to show
that ENT, Dental and Neuro consultation was done. So in view of
the nature of injuries sustained by the appellant, the averment in
the petition that he had undergone treatment at Medical College
Hospital from 24.04.2001 to 30.04.2001, can be accepted as true.
So, under the head of attendant expenses for seven days @
Rs.200/- per day, the appellant is entitled to get
Rs.200x7=Rs.1,400/-.
13. In view of the injuries sustained to the appellant an eight
year old boy the amount of Rs.2,500/- awarded by the Tribunal
MACA.No.2233 of 2009
under the head of pain and suffering is seems to be very low and it
can be enhanced to Rs.6,000/-. It is alleged in the petition that due
to the accident and the consequent injuries, he cannot concentrate
on his studies and is not able to do any work. Since the injuries
sustained to the appellant is on the maxillary sinus and there is also
linear fracture involving anterior wall of maxillary sinus and
haemosinus, there would have some discomfort for the injured boy
in his studies. So the amount of Rs.1,000/- awarded under the loss
of amenities can be enhanced to Rs.4,000/-. So in total the
appellant is entitled for an enhanced compensation of
Rs.1,400+Rs.3,500+Rs.3,000 =Rs.7,900/-.
14. The appellant is entitled for an enhanced compensation
of Rs.7,900/- (Rupees Seven Thousand Nine Hundred only).
15. The appeal has been filed with delay of 972 days, while
allowing Crl.M.A. No.2600/2009 and condoning the delay,it has
been specifically provided that the appellant will not be entitled for
interest for the period of delay.
16. In the result, appeal is allowed in part by enhancing
compensation to an amount of Rs.7,900/- which will carry interest
@ 7.5% per annum from the date of petition excluding the period
of delay of 972 days in filing the appeal. The 3 rd respondent, the
MACA.No.2233 of 2009
Insurance Company, shall satisfy additional compensation granted
in this appeal together with interest within a period of two months
from the date of receipt of certified copy of this judgment.
The appellant shall provide the Bank account details (attested
copy of relevant page of bank pass book, Bank Account number and
IFSC code of the branch) before the Tribunal with a copy to the
learned Standing Counsel for the insurer, within one month from
the date of receipt of certified copy of this judgment.
Sd/-
M.R.ANITHA
JUDGE
SMF
