Kerala High Court

Sajir @ Shajir K vs Salmanul Faris M 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. 3949 OF 2023
AGAINST THE AWARD DATED 24.08.2023 IN OPMV NO.388 OF 2022 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL,KALPETTA

APPELLANT/PETITIONER:

           SAJIR @ SHAJIR K.
           AGED 21 YEARS, S/O. NOUSHAD,
           KUNNATH HOUSE, THALIPUZHA,
           LAKKIDI POST, VYTHIRI TALUK,
           WAYANAD, PIN - 673576
           BY ADVS.
           MATHEW KURIAKOSE
           K.R.ARUN
           T.G.SUNIL (PERUMBAVOOR)
           J.KRISHNAKUMAR (ADOOR)
           C.N.PRAKASH
           MONI GEORGE
           SHAJI P.K.

RESPONDENTS/RESPONDENTS:

    1      SALMANUL FARIS M.
           AGED 26 YEARS, S/O. HASSAN KUTTY,
           MUTHEERI HOUSE, KUZHIMANNA POST,
           PULIYANKODE, MELMURI,
           MALAPPURAM DISTRICT (DRIVER OF KL-12/M 9691 GOODS
           AUTORIKSHAW),
           PIN - 673641
    2      RIYAS K
           S/O. MUHAMMED BASHEER,
           KOVAKKATIL HOUSE, KAPPAMKOLLY,
           MEPPADI POST, VYTHIRI TALUK,
           WAYANAD (OWNER OF KL-12/M 9691 GOODS AUTORIKSHAW),
           PIN - 673577
    3      THE BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD.,
           E N , BRANCH OFFICE, 2ND FLOOR,
           KALPETTA ARCADE, NEAR NEW BUS STAND, KALPETTA,
           WAYANAD (INSURER OF KL-12/M 9691 GOODS AUTORIKSHAW),
           PIN - 673121
           BY ADV.P.JACOB MATHEW - STANDING COUNSEL


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 MACA NO. 3949 OF 2023
                                 2

                     JUDGMENT

Dated this the 1st day of August, 2024

This appeal has been filed by the claimant in OP(MV)

No.388 of 2022 on the file of the Motor Accidents Claims

Tribunal, Wayanad, Kalpetta. The respondents herein were the

respondents before the Tribunal.

2. According to the appellant, on 03.09.2021 at about 9.00

p.m., while he was travelling on a scooter as a pillion rider at

Thalipuzha to his house, a goods vehicle bearing registration

No.KL-12/M-9691 driven by the first respondent in a rash and

negligent manner hit down the vehicle on which the appellant

was travelling, resulting in severe injuries to the appellant. The

appellant approached the Tribunal claiming a total

compensation of ₹8,55,000/-, which is limited to Rs.7,00,000/-.

3. The respondent-insurer filed a written statement,

admitting the insurance policy, but disputing the quantum of

compensation claimed. Respondent Nos. 1 and 2 remained ex

parte. Before the Tribunal, no oral evidence was adduced by

either side. Exts.A1 to A7 documents and Ext.C1 - Medical

Board report were marked on the side of the appellant. No MACA NO. 3949 OF 2023

documentary evidence was marked on the side of the

respondent. The Tribunal, after analysing the pleadings and

materials on record, awarded a sum of ₹4,45,800/- as

compensation under different heads with interest @ 8% per

annum from the date of petition, i.e, 06.10.2022, 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 under the following heads:-

I.Pain and suffering

Though an amount of ₹3,00,000/- was claimed by the

appellant towards the head pain and suffering, the Tribunal had

awarded only an amount of ₹50,000/-.

Following were the injuries sustained by the appellant in

the motor accident:-

 Fracture of femur, Lacerated wound on left eyebrow,

multiple abrasions, abrasions on the left side of abdomen, MACA NO. 3949 OF 2023

abrasions on the left hip and tenderness in the left hypodermic.

Considering the injuries sustained to the appellant, I am

inclined to grant a total compensation of ₹60,000/- under the

said head. Thus there will be an additional amount of ₹10,000/-

(Rupees Ten Thousand Only) towards the said head.

II. Loss of amenities and convenience, etc

Though no amount was claimed by the appellant towards

the said head, the Tribunal had granted an amount of ₹25,000/-.

It is seen that the appellant had 6 days inpatient treatment

subsequent to the accident. Considering the age as well as

injuries sustained to the appellant, I find that an additional

amount of ₹25,000/- (Rupees Twenty Five Thousand only) can

be granted under the said head, totalling to an amount of

₹50,000/-.

III. Loss of earnings

The learned Counsel for the appellant submits that he was

working as a salesman at the time of accident and due to the

injuries, he could not go for work for more than six months. The

Tribunal had taken only three months for awarding

compensation under the said head. Considering the facts of the

case as well as the injuries sustained to the appellant, I find MACA NO. 3949 OF 2023

that it would be just and reasonable if a period of five months is

taken for awarding compensation towards the said head.

Accordingly, the compensation under the head loss of earnings

is recalculated by taking a period of 5 months, totalling to an

amount of ₹65,000/- (13,000 x 5). Thus, there will be an

additional enhancement of ₹26,000/- (Rupees Twenty Six

Thousand Only).

Thus the impugned award is modified as under:-



                                             Amount
                                                         Amount
Sl.                           Amount         awarded                   Total
                                                         modified in
No.     Head of Claim         claimed        by the                    compensatio
                                                         appeal
                              (in Rs.)       tribunal                  n
                                                         (in Rs.)
                                             (in Rs.)
        Loss of earning       120000          39,000        26,000       65,000
1       (Total)

        Loss of earning

        (Partial)
3       Medical and               0          67,126           -          67,126
        miscellaneous
        expenses

5       Bystander expenses        0           3,000               -       3,000
        Transportation                                                    5,000
6                               10,000        5,000
        expenses
7       Extra nourishment       20,000        5,000                       5,000
        Damage to clothing,
8                               5,000         2,000                       2,000
        etc
        Pain and
9                             3,00,000       50,000         10,000       60,000
        suffering


      MACA NO. 3949 OF 2023


        Loss of love and

        affection

        Loss/reduction in
14                              1,00,000       2,24,640             2,24,640
        earning capacity
        Loss of amenities
15      and conveniences,          0           25,000      25,000   50,000
        etc
        Compensation for

        nt disability
        Physical and mental

        shock
        Loss of expectation

        of life
        Inconvenience,
        hardship,
        discomfort,
29                                 0            25,000              25,000
        frustration,
        disappointment and
        mental stress in life
                                               4,45,766
                                8,55,000       (rounded
        Total
                                7,00,000           to      61,000   5,06,800
        ( limited to)
                                               4,45,800)

Accordingly, the appeal is allowed and the appellant/claimant

is awarded an additional compensation of ₹61,000/- (Rupees

Sixty One Thousand Only) over and above the compensation

awarded by the Tribunal with interest @ 8% 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 MACA NO. 3949 OF 2023

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 ordered above. In case of failure to furnish details as

above, it shall be open for the insurance company to deposit the

said amount before the Tribunal. Upon such deposit being

made, the entire amount shall be disbursed to the appellant at

the earliest in accordance with law.