Kerala High Court

Shahidha Ayoob @ Shahidha vs United India Insurance Co. Ltd on 1 August, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
     THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946
                       MACA NO. 2838 OF 2023
 AGAINST THE AWARD DATED 23.01.2023 IN O.P (MV) NO.391 OF 2020 OF
     IST ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE

APPELLANT/PETITIONER :-

           SHAHIDHA AYOOB @ SHAHIDHA
           AGED 48 YEARS, W/O AYOOB,
           VELLALIL HOUSE, CHAKKARAPARAMBU .P.O.,
           THAMMANAM, ERNAKULAM DISTRICT., PIN - 682032

           BY ADVS.
           AVM.SALAHUDIN
           RAKHI RAMACHANDRAN

RESPONDENT/3RD RESPONDENT :-

           UNITED INDIA INSURANCE CO. LTD.
           BRANCH OFFICE, MAHARANI SHOPPING COMPLEX,
           1ST FLOOR, MAIN ROAD, KARADI, THAMARASSERY, KOZHIKODE,
           REPRESENTED BY BRANCH MANAGER., PIN - 673573

           BY ADV Deepa George George


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 MACA NO. 2838 OF 2023
                                  2




                              JUDGMENT

This appeal has been filed by the claimant in O.P (MV)

No.391 of 2020 on the file of the I st Additional Motor Accidents

Claims Tribunal, Kozhikode. The respondent herein is the 3rd

respondent before the tribunal.

2. According to the appellant/claimant, on 26.01.2019 at

about 3.45 pm, while the appellant was traveling in an

autorickshaw, a pickup van driven by the 2nd respondent in a

rash and negligent manner hit against the autorickshaw. As a

result of the accident, the appellant sustained serious injuries.

The appellant approached the tribunal claiming a total

compensation of Rs.11,64,000/-, which was limited to

Rs.8,00,000/-.

3. The respondent insurer filed a written statement,

admitting the policy, but disputing the quantum of compensation

claimed. Before the tribunal, oral evidence of PW1 was adduced.

Exts.A1 to A16 were marked on the side of the MACA NO. 2838 OF 2023

appellant/claimant and no documents were marked on the side

of the respondent. The tribunal, after analysing the pleadings

and materials on record, awarded a sum of Rs.3,16,800/- as

compensation under different heads with interest @ 8% per

annum from the date of petition till realization, against the

respondent being the insurer. Dissatisfied with the quantum of

compensation awarded by the tribunal, the claimant has come

up in appeal.

4. Heard the learned counsel for the appellant and the

learned Standing Counsel for the respondent insurer.

5. The learned counsel for the appellant claims

enhancement mainly under the following heads:

Loss of earnings :- Though an amount of Rs.1,20,000/-

was claimed by the appellant, the tribunal has taken only a

period of 3 months for awarding compensation under the said

head. Considering the nature of injuries sustained and the age of

the appellant, I find that, for awarding compensation, a period of

5 months will be just and reasonable. Accordingly, the

compensation payable under the said head would come to MACA NO. 2838 OF 2023

Rs.60,000/- (12,000x5) and therefore, there will be an additional

amount of Rs.24,000/- under the said head.

Pain and suffering :- Though an amount of Rs.1,00,000/-

was claimed by the appellant, only an amount of Rs.25,000/- was

awarded by the tribunal. The following are the injuries sustained

by the appellant:-

(I) Fracture of bilateral nasal bone

(ii) Lacerated wound 3x2 cm over nose

(iii) Lacerated wound 6x4x4 cm over right side of nose

(iv) Lacerated wound 3x2x1 cm over right eyebrow

(v) Laceration 2x1x0.5 cm over right ring finger

(vi) Lacerated wound of 14x2 cm over right knee

(viii) Dento alveolar fracture

Considering the injuries sustained as well as the age of the

appellant, I find that the total compensation can be fixed at

Rs.60,000/-. Thus, there will be an additional amount of

Rs.35,000/- under the said head.

Permanent disability :- The learned counsel for the

appellant submitted that Ext.A13 - disability certificate issued by MACA NO. 2838 OF 2023

the Medical Board of Government General Hospital, Kozhikode,

assessed the disability of the appellant as 18%, but the tribunal,

without proper reasons, has reduced the percentage of disability

to 3%. The photograph of the appellant was handed over to me

for perusal. No satisfactory reasons are stated by the tribunal in

the award for reducing the percentage of disability to 3%.

However, I do not find any reason to disbelieve Ext.A13

certificate issued by the medical board. Accordingly, I fix the

disability as 18% as stated in Ext.A13. Therefore, the total

compensation payable under the said head has to be

recalculated thus:- Rs.3,36,960/-(12,000x12x13x18/100). The

tribunal has already awarded Rs.56,160/- and thus, there will be

an additional amount of Rs.2,80,800/- under the said head.

Loss of amenities :- The learned counsel for the appellant

submitted that though an amount of Rs.1,00,000/- was claimed

under the said head, the tribunal has awarded only an amount of

Rs.16,840/- as compensation towards the said head. However,

the tribunal has awarded an amount of Rs.1,50,000/- towards

compensation for disfiguration. But compensation for loss of

amenities cannot be equated with compensation for MACA NO. 2838 OF 2023

disfiguration. Accordingly, I fix the total compensation payable

under the said head as Rs.40,000/-. Thus, there will be an

additional amount of Rs.23,160/- under the said head.

6. Though the appellant claimed enhancement of

compensation under other heads, on a perusal of the records

available, I am not inclined to interfere with the compensation

awarded by the tribunal under other heads since it appears to be

just and reasonable.

7. Thus, the impugned award of the tribunal is modified

as follows;

Sl.

No.    Head of Claim       Amount       Amount       Modified       Total
                           claimed    awarded by        in       compensation
                                      the tribunal    appeal

1     Loss of earnings     1,20,000       36,000     24,000         60,000
2     Damage to              2,000         1,000       (not          1,000
      clothing                                       modified)
3     Transport to          10,000        3,000        (not         3,000
      hospital                                       modified)
4     Extra nourishment     2,000         2,000        (not         2,000
                                                     modified)
5     Medical expenses     1,00,000       20,300       (not         20,300
                                                     modified)
6     Bystander             30,000        6,500        (not         6,500
      expenses                                       modified)
7     Pain and             1,00,000       25,000     35,000         60,000
      suffering
8     Continuing or        3,00,000       56,160     2,80,800      3,36,960
      permanent
      disability
      MACA NO. 2838 OF 2023



9      Loss of             1,00,000         16,840   23,160      40,000
       amenities of life
10     Loss of future       1,00,000         Nil        Nil        Nil
       earning power
11     Compensation for     3,00,000    1,50,000        (not     1,50,000
       disfiguration                                 modified)
             TOTAL         11,64,000    3,16,800     3,62,960    6,79,760
                           limited to
                            8,00,000

Accordingly, the appeal is allowed in part and the

appellant/claimant is awarded an additional compensation of

Rs.3,62,960/- (Rupees three lakhs sixty two thousand nine

hundred and sixty only) over and above the compensation

awarded by the tribunal with interest @ 7.5% per annum from

the date of petition till realization and proportionate costs. The

respondent insurer shall deposit the said amount together with

interest and costs within a period of two months from the date of

receipt of a certified copy of this judgment. The claimant shall

furnish copies of the PAN Card, AADHAAR Card and bank details

before the respondent insurer within a period of one month so as

to enable the insurance company to make the deposit as