Lissy Thomas vs P.Anandan
2022 Latest Caselaw 8193 Ker

Citation : 2022 Latest Caselaw 8193 Ker
Judgement Date : 1 July, 2022

Kerala High Court

Lissy Thomas vs P.Anandan on 1 July, 2022

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR.JUSTICE BASANT BALAJI
         FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                           MACA NO. 2044 OF 2014
     OPMV 1660/2012 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE
APPELLANT/PETITIONER:

            LISSY THOMAS
            AGED 48 YEARS
            W/O.THOMAS, RESIDING AT KANNAM PALLIYIL HOUSE
            POST ATHIYODI, KOORACHUNDU, KOZHIKODE - 673 527

            BY ADVS.
            SRI.V.S.CHANDRASEKHARAN
            SMT.LEKSHMI SWAMINATHAN


RESPONDENTS/RESPONDENTS:

     1      P.ANANDAN,AGED 44 YEARS
            S/O.RAMANKUTTY NAIR,
            RESIDING AT PUTHIYAPARAMBATHU HOUSE POST,
            KARUVISSERY, KOZHIKODE - 673 010.

     2      UNITED INDIA INSURANCE COMPANY LIMITED
            DIVL. OFFICE-II, WHITE LINES BUILDING,
            KALLAI ROAD KOZHIKODE - 673 003

            BY ADVS.
            SRI.SANTHAN V.NAIR-R1
            SRI.P.V.JYOTHI PRASAD-R2
            P.K.MANOJKUMAR-R2
     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION
ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 MACA NO. 2044 OF 2014
                                  2

                             JUDGMENT

The petitioner is the appellant. The claim was filed under

Section 166 of the Motor Vehicles Act.

2. On 14.2.2012, at about 12.15.P.M, while she was

travelling in an autorikshaw from S.M. street to Mofussil stand, the

autorikshaw dashed on an iron bar on the footpath and overturned.

Petitioner sustained injuries and she was immediately taken to

Government General Hospital, Kozhikode and was treated there as

an outpatient and thereafter, admitted in IQRAA Hospital,

Malaparamba for ten days. The accident happened due to the

negligence on the side of the 1st respondent who was owner cum

driver of the autorikshaw at the relevant time.

3. Respondents 1 and 2 entered appearance and filed a

written statement. According to the 1 st respondent, there was no

negligence on his side in causing the accident. The vehicle was

having a valid insurance with the 2nd respondent. The amount of

compensation claimed is exorbitant.

4. The 2nd respondent admitted the policy and denied the

liability. It is contended that the compensation claimed is MACA NO. 2044 OF 2014

exorbitant. The Tribunal relying on Exts.A1 to A6 awarded a

compensation of Rs.74,470/-. It is aggrieved by the award of the

Tribunal, this appeal is filed.

5. The learned counsel for the appellant submits that

though he claimed Rs.12,000/- as monthly income, the Tribunal

has only taken Rs.3,000/- as notional income. Going by the

decision reported in Ramachandrappa v. Manager, Royal

Sundaram Alliance Insurance Company Limited [(2011) 13

SCC 236] for an accident which was happened in the year 2012,

the notional income to be taken for a coolie worker is Rs.8,500/-.

Ext.A5 disability certificate issued by the Doctor shows 23%

permanent disability. Neither the Doctor, nor the appellant was

examined before the Tribunal to prove it. Hence, the Tribunal

took the percentage of disability as 5%. Taking note of the injuries

sustained and since the document is not proved, the percentage of

disability taken by the Tribunal as 5%, is upheld. The multiplier is

taken by the Tribunal also is correct. Thus the compensation for

permanent disability can be worked out as 8,500x12x13x5/100

which comes to Rs.66,300/-. The Tribunal has already awarded

Rs.23,400/-.

MACA NO. 2044 OF 2014

6. As far as the loss of amenities is concerned, though the

petitioner claimed Rs.20,000/- only Rs.3,000/- was awarded. Taking

into consideration the injury caused, I am of the opinion that the

amount of Rs.7,000/- more can be awarded on that head.

7. The loss of earning would be Rs.8,500/- for one month,

the Tribunal has already granted Rs.3,000/-.

8. The appellant would not be entitled for interest for the

period of delay of 98 days in filing the Appeal as ordered by this

Court on 28.9.2021, on the enhanced compensation.

Accordingly, the following enhancements are made to the

award passed by the Tribunal:

Sl.           Head of Claim          Amt. Awarded      Amt.
No.                                   by Tribunal   Enhanced in
                                         (Rs.)      appeal (Rs.)
1     Loss of future earning           23,400/-       66,300/-
      power
2.    Loss of amenities                  3,000/-      10,000/-
3.    Loss of earning                  3,000/-         8,500/-
      Total                             29,400       84,800

Amount enhanced 84,800-29,400 =55,400/-

In the result, the appeal is allowed and the Insurance

Company shall pay interest for the amounts awarded by the MACA NO. 2044 OF 2014

Tribunal at the rate directed in the impugned award and for the

enhanced amounts at the rate of 8% from the date of petition. If

any amounts have already been paid, the same shall be granted

set off. The claimants shall produce the details of the Bank

account before the Insurance Company/Tribunal within one month

from the date of receipt of a certified copy of this judgment and

amount shall be transferred to the Bank account directly through

NEFT/RTGS mode, within a period of one month thereafter. If the

Bank account is not furnished within the time stipulated, it is