Kerala High Court
Subbayyan vs United India Insurance Co.Ltd on 27 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
MACA No. 1535 OF 2017
AGAINST THE ORDER/JUDGMENT IN O.P.(MV) No. 632/2014 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL, PALAKKAD
APPELLANT/PETITIONER:
SUBBAYYAN
AGED 77 YEARS
AGED 77, S/O CHITHANCHETTIYAR, 3/260, RAYYAPPAN
STREET, THATHAMANGALAM, CHITTUR THALUK, PALAKKAD.
BY ADV SRI.JACOB SEBASTIAN
RESPONDENT/3RD RESPONDENT:
UNITED INDIA INSURANCE CO.LTD
2ND FLOOR, SURYA COMPLEX, MISSION HIGH SCHOOL
JUNCTION, PALAKKAD-678014.
BY ADV P.K.MANOJKUMAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A. No. 1535 of 2017
2
JUDGMENT
This appeal is preferred by the petitioner in O.P.
(MV) No. 632/2014 on the files of the Motor Accident
Claims Tribunal, Palakkad, aggrieved by the amount of
compensation awarded by the Tribunal. The parties to
this appeal will hereinafter be referred to as petitioner
and respondent in accordance with their status in the
claim petition.
2. Heard Sri. Jacob Sebastian, the learned counsel
for the petitioner and Sri. P.K. Manojkumar, the
learned counsel for the respondent Insurance
Company.
3. The petitioner is a 75 year old man. He was
knocked down by a motorcycle while walking through
the side of the road. The petitioner suffered serious
injuries including open type III compound fracture of
M.A.C.A. No. 1535 of 2017
both bones of his right leg. He was hospitalised for 30
days. He claimed an amount of Rs. 2,29,000/- (Rupees
Two Lakh Twenty Nine Thousand Only) as
compensation for the personal injuries sustained in
the accident. The Tribunal awarded an amount of Rs.
82, 500/- (Rupees Eighty Two Thousand Five Hundred
Only) as compensation with 9% interest per annum
from the date of filing the petition till realisation and
proportionate costs.
4. The Tribunal petitioner has came up in appeal
contending that the amount of compensation awarded
by the Tribunal is too low.
5. The Tribunal took the notional monthly income
of the petitioner as Rs. 3,500/-. The accident
happened in the year 2012. Going by the dictum laid
down by the Apex Court in Ramachandrappa v
Manager, Royal Sundaram Alliance Insurance Company
M.A.C.A. No. 1535 of 2017
Limited [ (2011) 13 SCC 236], the notional income of the
petitioner has to be taken as Rs. 8,500/- per month.
6. The Tribunal has awarded an amount of Rs.
21,000/- (3,500 x6) towards loss of earnings with the
re-fixed income, the compensation for loss of earnings
is re-calculated as Rs. 51,000/- (8,500 x6). Therefore,
the petitioner will be entitled for an additional
amount of Rs. 30,000/- under the said head.
7. Though the petitioner claimed an amount of
Rs. 5,000/- towards bystander expenses, only an
amount of Rs. 4,500/- was awarded. I find that the
amount of Rs. 5,000/- will be a just and reasonable
compensation under the said head. Resultantly, he is
granted an additional amount of Rs. 500/-
8. Towards extra nourishment, no amount has
been awarded by the Tribunal. The petitioner was
M.A.C.A. No. 1535 of 2017
hospitalised for 30 days and I find that an amount of
Rs. 1,500/- will be a just compensation under the said
head. Accordingly, the said amount is granted
9. Towards pain and suffering, only an amount of
Rs. 15,000/- has been awarded. Taking into account
the nature of injuries sustained by the petitioner and
the prolonged treatment, I find that he is entitled for
an amount of Rs. 25,000/- under the said head.
Accordingly, an additional amount of Rs. 10,000/- is
awarded under the head pain and suffering.
10. I find that the compensation awarded under
other heads is just and reasonable.
11. Accordingly, the petitioner will be entitled for
an amount of Rs. 42,000/- ( 30,000 + 500 + 1,500 +
10,000) as enhanced compensation. The 3rd
respondent Insurance Company shall deposit the said
M.A.C.A. No. 1535 of 2017
amount with 9% interest per annum from the date of
petition till the date of deposit and proportionate costs
before the Tribunal within two months from the date
of receipt of a certified copy of this judgment.
While calculating the interest, petitioner will not
be entitled for interest for a period of 311 day's delay
in filing the appeal as per order dated 17.01.2022 in
C.M. Application No. 1 of 2017.
The appeal is disposed of as above.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
bnu
