Kerala High Court
V.P. Praveen Kumar vs George on 3 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
RD
WEDNESDAY, THE 3
DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
MACA NO. 2521 OF 2013
AGAINST THE JUDGMENT & AWARD DATED 17.07.2013 IN OP(MV)
NO.1656 OF 2010 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM
APPELLANT/PETITIONER:
.P. PRAVEEN KUMAR, AGED 24 YEARS,
V
SON OF PRAKASAN, VELIKKAKATH HOUSE, AROOR P.O, AROOR
VILLAGE, ALAPPUZHA.
Y ADVS.
B
SRI.ANIL S.RAJ
SMT.ANILA PETER
SMT.C.PRABITHA
SMT.K.N.RAJANI
SRI.J.VIVEK GEORGE
RESPONDENTS/RESPONDENTS:
1
GEORGE,
S/O.CHERIAN, H.NO.4/54 (4/62), KUNNATHUKUZHIYIL HOUSE,
AROOR P.O., AROOR VILLAGE, ALAPPUZHA -688 534.
2
JIJO GEORGE,
S/O.GEORGE, H.NO.4/54 (4/62), KUNNATHUKUZHIYIL HOUSE,
AROOR P.O., AROOR VILLAGE, ALAPPUZHA -688 534.
MACA 2521 of 2013 2
3
THE UNITED INDIA INSURANCE COMPANY LIMITED,
B.O.3, SHARANYA, HOSPITAL ROAD, COCHIN - 682 011.
Y ADV SRI.A.R.GEORGE, SC, THE UNITED INDIA INSURANCE
B
COMPANY LIMITED.
THIS
MOTOR
ACCIDENT
CLAIMS
APPEAL HAVING BEEN
FINALLY
EARD
H ON
03.04.2024,
THE
COURT
ON
THE
SAME
DAY
DELIVERED
THE
FOLLOWING:
MACA 2521 of 2013 3
J U D G M E N T
ThisappealisfiledbythepetitionerinOP(MV)No.1656of
2010onthefileofMotorAccidentsClaimsTribunal,Ernakulam,
assailing the award on the ground of inadequacy of
compensation.
2. On 19.04.2010 at 7.00 p.m., while the appellant was
riding his bicycle through Ernakulam-Alappuzha National
Highway, he was knocked down by KL-32/B-3412 motorcycle
riddenbythe2ndrespondent,inarashandnegligentmanner.
He was thrown down and sustained injuries. Hewastakento
Jeevan's Hospital, Ernakulam, and from there to Lakeshore
Hospital, Maradu, where hewasadmittedandtreated.Hewas
hospitalised for 27 days in total, intwodifferentspellsandhe
suffered permanent disability of hearinglossofhisleftear.He
wasa23yearoldMulti-MediaTrainer,earningmonthlyincome
of Rs.6,500/-. He approached the Tribunal claiming
compensationofRs.10,00,000/-.ButtheTribunalawardedonly
Rs.5,99,092/-. Hence this appeal.
MACA 2521 of 2013 4
3. The 1st respondent was the owner of the offending
motorcycle, 2nd respondent was its rider, and the 3rd
respondent was its Insurer. Respondents 1 and 2remainedex
parte. The 3rd respondent-Insurer contested the case, but
admitted the policy.
4. In the appeal, the 1st respondent remained absent in
spite of service of notice. Notice to the 2nd respondent was
dispensed with since the 3rd respondent-Insurer entered
appearance and admitted the policy.
5. Heard learned counsel for the appellant and learned
counsel for the 3rd respondent-Insurer.
6. Learned counsel for the appellant would submit that
the compensation awarded by the Tribunal is arbitrarily low,
consideringthenatureofinjuriessufferedbytheappellant,the
period of hospitalisation as well as the disability suffered by
him. Accordingtohim,thoughtheappellantproducedExt.A13
certificate to prove his monthly income asRs.6,500/-,learned
Tribunal fixed his notional income @ Rs.4,000/-. Going by the
MACA 2521 of 2013 5
decision Ramachandrappa v. Manager, Royal Sundaram
Alliance Insurance Company Limited [AIR 2011 SC
2951], even a Coolie worker was eligible to get his notional
income fixed @ Rs.7,500/- in the year 2010. So, learned
Tribunal ought to have accepted Ext.A13 salary certificate to
take his monthly income as Rs.6,500/-. Learned Tribunal
assessed loss of earning for a period of ten months. He had
suffered head injury also in the accident and hewasadmitted
in hospital twice. Learned counsel for the appellant would
submit that, he was not able to do his job as a Multi-Media
Trainer, due to theinjuriesandtheconsequentialdisability,for
aperiodexceedingoneyear.SothisCourtisinclinedtoassess
his loss of earning for a periodof12months@ofRs.6,500/-,
which will come to Rs.78,000/-. On deducting Rs.40,000/-
already awarded by the Tribunal, he is entitled to get the
balance amount of Rs.38,000/- as enhanced compensation
under the head 'loss of earning'.
MACA 2521 of 2013 6
7. Towards transportation expenses, learned Tribunal
awardedonlyRs.2,000/-.TwotimeshewastakentoLakeshore
Hospital for IP treatment. Exts.A11 and A12 will show that he
had gone to Medical College Hospital, Vandanam, Alappuzha
also in connection with the audiological evaluation. So, this
Court is inclined to award Rs.2,000/- more towards
transportation expenses.
8. Towards pain and suffering, learned Tribunal awarded
Rs.50,000/- against his claim of Rs.1,50,000/-. The appellant,
who was a 23 year old Multi-Media Trainer, suffered severe
headinjuryandhewashospitalisedfor27days,andfinallyhe
lost hearing capacity of hisleftear.SothisCourtisinclinedto
award Rs.20,000/- more under the head 'pain and suffering'.
9. Under the head permanent disability,learnedTribunal
awarded Rs.1,10,592/-, taking his monthly income @
Rs.4,000/-.WehavefixedhisincomeatRs.6,500/-andso,the
disability compensation can be assessed as Rs.1,79,712/-
(6,500x12x18x12.8%). After deducting the amount already
MACA 2521 of 2013 7
awarded under that head, the appellant is entitled to get the
balance amount of Rs.69,120/-.
10. Towardslossofamenities,theappellantwasawarded
Rs.50,000/-, though his claim was Rs.1,50,000/-. Ext.C1
disability certificate issued by the Medical Board of Medical
College Hospital, Vandanam, Alappuzha, certifies that the
appellantsufferedhearinglossofleftear.Hewasa23yearold
Multi-Media Trainer, and so hearing loss of his left ear might
have affected his life and futuretoagreatextent.So,forloss
of amenities, this Court is inclined to give enhancement of
Rs.25,000/-.
11. The compensation awarded under all other heads
seems to be reasonable and hence it needs no modification.
Head of claim Amount Amount ifference to
D
warded by
a awarded in be drawn as
the Tribunal appeal enhanced
compensation
Loss of earning Rs.40,000/- Rs.78,000/- Rs.38,000/-
ransportation
T
expenses Rs.2,000/- Rs.4,000/- Rs.2,000/-
Pain & suffering Rs.50,000/- Rs.70,000/- Rs.20,000/-
MACA 2521 of 2013 8
ompensation for
C
Permanent Rs.1,10,592/- Rs.1,79,712/- Rs.69,120/-
disability
Loss of amenities Rs.50,000/- Rs.75,000/- Rs.25,000/-
Total Rs.1,54,120/-
12.Intheresult,theappellantisentitledtogetenhanced
compensation of Rs.1,54,120/- (38,000 + 2,000 + 20,000 +
69,120 + 25,000).
13. The 3rd respondent-Insurer is directed todepositthe
enhanced compensation of Rs.1,54,120/- (Rupees One Lakh
FiftyFourThousandOneHundredandTwentyonly)intheBank
account of theappellant,withinterest@8%perannum,from
the date of petition till the date of deposit, within a period of
two months from the date of receipt of a copy of this
judgment. The deposit must be in terms of the directives
issuedbythisCourtinCircularNo.3of2019dated06/09/2019
and clarified in O.M.No.D1/ 62475/2016 dated 07/11/2019
after deducting the liabilities, if any, of the appellant towards
Tax, balance court fee and legal benefit fund.
MACA 2521 of 2013 9
The appeal is allowed to the extent as above, and no
order is made as to costs.
Sd/-
SOPHY THOMAS
JUDGE
DSV/-
