Kerala High Court
Siyad V.I vs Sarasamma A.K 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. 2313 OF 2012
OPMV 617/2009 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,ERNAKULAM
APPELLANT/PETITIONER:
SIYAD V.I.
AGED 24 YEARS
S/O.IBRAHIM, R/A.VATTEZHATH HOSUE,
CHANDIROOR P.O,AROOR VILLAGE,ALAPPUZHA
BY ADVS.
SRI.ANIL S.RAJ
SMT.K.N.RAJANI
SRI.RADHIKA RAJASEKHARAN P.
SMT.ANILA PETER
SRI.SAJEN THAMPAN
RESPONDENTS/RESPONDENTS 1 TO 3:
1 SARASAMMA A.K.
NARAYANI VILASOM, ARUNOOTTIMANGALAM P.O.,
MAVELIKKARA ALAPPUHA-686604
2 V.VINOD
S/O.VIJAYAN, VINOD BHAVAN, RAMANELLOOR COLONY,
WARD NO 11,THAZHAKKARA PANCHAYATH, MAVELIKKARA-690101
3 THE RELIANCE GENERAL INSURANCE COMPANY LIMITED
ELIZABETH ALEXANDER MEMORIAL BUILDING,
SHANMUGHAM ROAD, ERNAKULAM, COCHIN-31
BY ADV SRI.K.B.RAMANAND
SRI. DHANYA FOR RESPONDENT
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. 2313 OF 2012
2
JUDGMENT
The petitioner aggrieved by the award of the Motor Accidents
Claims Tribunal in O.P.(MV)No.617/2009 has filed this appeal. The
claimant sustained injuries in the accident which took place on
14.11.2008. The car driven by the 2nd respondent, hit against him at
Chandiroor and he sustained serious injuries.
2. The insurer has admitted the insurance policy. The
insurer contended that the amount claimed under various heads are
disproportionate and excess in nature. The earning of the claimant
was also disputed. The Tribunal awarded a total compensation of
Rs.8,06,465/-. It is aggrieved by the said award that this appeal is
filed by the claimant.
3. The main ground on which the appellant has filed this
appeal is that the Tribunal has failed to take the income of the
appellant as Rs.6,500/- as he was a Sales Executive, though he has
produced Ext.A17 Employment Certificate. The appellant has
sustained serious injuries, but the Tribunal failed to take future
prospects also in working of the compensation for loss of earning.
MACA NO. 2313 OF 2012
The appellant was aged 20 years at the time of accident. So the
multiplier which ought to have been taken was 18, as per the
decision reported in Sarla Verma v. Delhi Transport Corporation
& Another (2010 (2) KLT 802), but the Tribunal took only 17 as
multiplier. The Medical Board has assessed the appellant and issued
a disability certificate showing that he has 60% permanent partial
disability due to traumatic brain injury. Though, he has produced
Ext.A17 certificate to prove his salary, the Tribunal did not to accept
the same and hence, the notional income was taken. Relying on the
decision Ramachandrappa v. Manager, Royal Sundaram Alliance
Insurance Company Limited [(2011) 13 SCC 236] the notional
income to be taken for an accident which happened in the year 2008
is Rs.6,500/-.
4. The appellant has sustained the following injuries:
"Head injury, diffuse brain edema, Diffuse axonal
injury, signal changes in the spelenium of corpus
callosum, fracture lateral orbital Wall, Bilateral
subdural Haemetoma (SDH) fronto parietal,
extradural Heaematoma occipital region(R), fracture
occipital bone (R) side, (R)sided hemiplegia,
bleeding from (R) ear, laceration on the face, Rt.
MACA NO. 2313 OF 2012
Tentorial bleed noted, mid line shift of 2 mm,
sphenoidal, bilateral maxillary & ethmoidal and
bilateral mastoid collections."
5. It is taking into consideration, the above injuries 60%
permanent disability was assessed by the Tribunal. The Tribunal had
occasion to see the claimant and it was seen that the right hand was
seen paralyzed. In view of the matter, 40% future prospects has also
be taken for working out the compensation for loss of earning
capacity as the injuries mentioned above are very serious nature and
the disability is more than 50%. Hence, the income can be re-fixed
as Rs.6,500 + 40% which comes to 9,100/-. So the loss of
compensation for loss earning power can be calculated as
9,100x12x18x60/100=11,79,360/-. The Tribunal has already
awarded an amount of Rs.4,89,600/- balance Rs.6,89,760/-.
6. As far as the loss of earning is concerned, monthly income
is re-fixed as Rs.6,500/-. Loss of earning for six months would come
to Rs.39,000/- out of which Rs.24,000/- is already awarded.
7. Under the head of bystander's expenses, though the
claimant claimed Rs.25,000/- an amount of Rs.6,000/ was awarded.
MACA NO. 2313 OF 2012
The injuries as per exhibit wound certificate would clearly would
shows that as he has been admitted as in-patient for 28 days and
thereafter he had to be lookafter by someone for some more time.
Hence, I am inclined to enhance the bystander's expenses by another
Rs.6,000/-.
Accordingly, the following enhancements are made to the
award passed by the Tribunal:
Sl. Head of Claim Amt. Awarded Amt. Enhanced
No. by Tribunal in appeal (Rs.)
(Rs.)
1 Loss of earning power 4,89,600/- 11,79,360/-
2. Loss of earnings 24,000/- 39,000/-
3. Bystander's expenses 6,000/- 12,000/-
Total 5,19,600 12,30,360/-
Amount enhanced -12,30,360-5,19,600 = 7,10,760/-
In the result, the appeal is allowed and the Insurance Company
MACA NO. 2313 OF 2012
shall pay interest for the amounts awarded by the 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 claimant 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 made
clear that no interest shall run on the enhanced amount after the period
stipulated by this Court.
sd/-
BASANT BALAJI
JUDGE
nak
