Kerala High Court
Sudheesh vs Reliance General Insurance Co. ... on 3 June, 2022
M.A.C.A.1442/2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
MACA NO. 1442 OF 2018
AGAINST THE ORDER/JUDGMENT IN OPMV 969/2013 OF III ADDITIONAL
DISTRICT COURT, PALAKKAD / II ADDITIONAL MACT, PALAKKAD
APPELLANT/PETITIONER:
SUDHEESH, AGED 31 YEARS
S/O.BABY, RESIDING AT VARIKKANKUZHY HOUSE, POOTHANCODE,
OLINKADAVU POST, PALAKKAD DISTRICT.
BY ADV SRI.BABY MATHEW
RESPONDENT/3rd RESPONDENT:
RELIANCE GENERAL INSURANCE CO. LTD.
2ND FLOOR, KABEER PLAZA, Y M C A ROAD, ALAPUZHA-688011.
ADV.GEORGE CHERIAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A.1442/2018
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C.JAYACHANDRAN, J.
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M.A.C.A.No.1442 of 2018
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Dated this the 3rd day of June, 2022
J U D G M E N T
1. In this appeal, the appellant/claimant assails
the award of the Additional Motor Accidents Claims
Tribunal, Palakkad dated 07.11.2017 in O.P.(M.V.)No.969
of 2013. Petitioner/appellant is the injured and the
accident occurred on 24.03.2013.
2. Heard the learned counsel for the appellant.
3. Learned counsel for the appellant assailed the
impugned award on the following grounds. Firstly, the
notional income taken by the Tribunal was only
Rs.5,000/-. Petitioner is a driver by profession.
However, no proof with respect to income was adduced.
Therefore the notional income in terms of Ramachandrappa
v. Manager, Royal Sundaram Alliance Insurance Company
Ltd. [2011 KHC 784] is liable to be taken, is the
M.A.C.A.1442/2018
submission of the learned counsel for the appellant. This
Court finds force in the said submission and the notional
income is therefore reckoned at Rs.9,000/- as indicated
in Ramachandrappa's case (supra).
4. The second ground is the period during which the
loss of earnings has been reckoned. Learned counsel
pointed out that the petitioner was an inpatient for 22
days spreading from March to May 2013. He had
substantial injuries as taken note of in paragraph 10 of
the impugned award. Besides head injury, he suffered a
fracture on sinus-anterior wall, fracture on nasal bone
and fracture on post wall of frontal sinus. It is also
on record that, petitioner was initially treated in the
Little Flower Hospital, Angamali and then at the Medical
College Hospital, Thrissur and thereafter in Jubilee
Mission Hospital, Thrissur. According to learned
counsel, loss of earnings is liable to be reckoned for a
period of 9 months. Having regard to the nature of
injuries sustained, as also the fact that he was an
inpatient for 22 days, this Court is of the opinion that
M.A.C.A.1442/2018
a period of 7 months would be a reasonable period to
reckon loss of earnings.
5. Under the head loss of amenities, although
Rs.30,000/- was claimed, no amount was awarded by the
Tribunal. Again, having regard to the nature of injuries
sustained and the number of days of inpatient treatment,
coupled with the fact that victim had 28% permanent
disability, a sum of Rs.15,000/- would be reasonable
under the head of loss of amenities and the same is
granted.
6. The next head is the bystander expenses, under
which head, Rs.4,000/- alone was granted for a period of
22 days. According to learned counsel, a sum of Rs.300/-
per day is liable to be reckoned. This claim of the
appellant is liable to be reckoned, since the accident
occurred in 2013. Compensation under that head is to be
reworked, reckoning the amount @300/- per day.
7. In the result, this appeal is allowed and the
compensation payable to the appellant/claimant will be as
indicated here below.
M.A.C.A.1442/2018
Sl. Head of Claim Amount Total amount after
No. awarded by enhancement in
the appeal
Tribunal
1 Loss of earnings 20000 63,000/- (9000x7)
2 Partial loss of earnings nil Nil
3 Transportation to 3000 3000
hospital and back
4 Damage to clothing 1000 1000
5 Extra nourishment 3000 3000
6 Medical expenses 91200 91200
7 Future medical expenses Nil Nil
8 Expenses of a bystander 4000 6,600 (300x22)
9 Compensation for pain 35000 35000
and suffering etc
10 Compensation for 285600 5,14,080
continuing or permanent (9000x17x12x28/100)
disability (5000x17x12
x28/100)
compensation for loss of
earning power
11 Compensation for loss of Nil 15000
amenities in life
Total 4,42,800 7,31,880
M.A.C.A.1442/2018
Amount enhanced = Rs.7,31,880/ - Rs.4,42,800/ = Rs.2,89,080/
8. The Insurance Company shall pay interest for the
amounts awarded by the Tribunal at the rate directed in
the impugned award and for the enhanced amount, at the
rate of 5% 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 two months
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 given
within the time stipulated, it is made clear that, no
interest shall run on the enhanced amount after the
period stipulated by this Court. However, if the
Insurance Company fails to deposit the amount, as
directed, interest on the enhanced amount shall also run
at the rate ordered by the Tribunal from the date of
M.A.C.A.1442/2018
petition.
The appeal is allowed to the above extent.
Sd/-
C.JAYACHANDRAN
JUDGE
Sbna/
