Nikhil Syam vs K.K. Abdulrahman
2024 Latest Caselaw 19309 Ker

Citation : 2024 Latest Caselaw 19309 Ker
Judgement Date : 3 July, 2024

Kerala High Court

Nikhil Syam vs K.K. Abdulrahman on 3 July, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
             THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
      WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
                        MACA NO. 3286 OF 2015
AGAINST THE ORDER/JUDGMENT DATED 24.04.2014 IN OPMV NO.1228 OF
2009 OF MOTOR ACCIDENT CLAIMS TRIBUNAL VATAKARA

APPELLANT/PETITIONER:

          NIKHIL SYAM
          AGED 21 YEARS
          S/O.BALAKRISHNAN, SYAM NIVAS, PUDUPPANAM P.O.,
          VATAKARA, PIN - 673 105, KOZHIKODE DISTRICT.
          BY ADVS.
          SRI.P.VENUGOPAL (1086/92)
          SMT.T.J.MARIA GORETTI

RESPONDENTS/RESPONDENTS 1 TO 4:

    1     K.K. ABDULRAHMAN
          S/O.MUHAMMED, URULIKKANDIYIL HOUSE, KADALOOR P.O.,
          NANDI BAZAR, PIN - 673 531.
    2     SUDHEESH
          S/O.RAMAKRISHNAN, KARINGAM THODIYIL HOUSE,
          KANNIPARAMBA P.O., MAVOOR, KOZHIKODE DISTRICT.
    3     THE UNITED INDIA ASSURANCE CO.LTD. [NOT A NECESSARY
          PARTY]
          DIVISION OFFICE, KALLAYI ROAD, CALICUT - 673 001.
    4     THE NEW INDIA ASSURANCE CO.LTD.
          DIVISION OFFICE, KANNUR ROAD, CALICUT - 673 001.

          BY ADVS.
          AVM.SALAHUDIN
          SRI.P.K.MANOJKUMAR,SC,UNITED INDIA
          SAIGI JACOB PALATTY


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 03.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 MACA NO.3286 OF 2015                           2




                                  J U D G M E N T

This appeal is at the instance of the

claimant in OP(MV) No.1228 of 2009 on the file

of Motor Accidents Claims Tribunal, Vatakara

impugning the award on the ground of inadequacy

of compensation.

2. On 30/8/2009 at 9.15 pm, while the

appellant/claimant was riding a motorcycle

through NH at Kannukara, KL-56-1600 stage

carriage driven by the 2nd respondent in a rash

and negligent manner knocked him down, and he

sustained serious injuries. He was admitted and

treated at hospital for 8 days. He was a B.tech

student aged 21 years at the time of the

accident. He approached the Tribunal claiming

compensation of Rs.4 lakh, but learned Tribunal

awarded only Rs.1,36,041/- and hence this

appeal.

3. The 1st respondent was the owner of the

offending stage carriage, 2nd respondent was its

driver and the 4th respondent-New India

Assurance Company was its insurer.

4. The 4th respondent though contested the

case admitted the accident as well as the

policy. According to them the compensation

awarded by the tribunal is just and reasonable,

and hence it needs no modification.

5. Now this Court is called upon to answer

whether there is any illegality, irregularity

or impropriety in the impugned award warranting

interference by this Court.

6. Heard learned counsel for the appellant

and learned counsel for the 4th respondent.

7. Learned counsel for the appellant would

argue that the compensation awarded by the

Tribunal under the head pain and suffering,

bystander expenses, and damage to clothing are

on the lower side. Learned Tribunal awarded

only Rs.25,000/-, towards pain and suffering.

Exts.A2 to A4 documents will show that the

appellant had suffered multiple soft tissue

injuries, craniocerebral injury, fracture

mandible, dentoalveolar fracture and loosening

of 5 teeth. He was hospitalised for eight days

in total. Considering these aspects, this Court

is inclined to award Rs.35,000/- under the head

pain and suffering. On deducting Rs.25,000/-

already awarded the appellant is entitled to

get the difference of Rs.10,000/- as enhanced

compensation, under the head pain and

suffering.

8. Towards damage to clothing Rs.250/- alone

was granted. The accident was in the year 2009.

The appellant was an Engineering student, so

this court is inclined to award Rs.250/- more

towards damage to clothing.

9. Towards bystander expenses, learned

Tribunal awarded only Rs.875/-. The appellant

was hospitalized for 8 days. This court is

inclined to award Rs.1,600/-, taking daily

expenses for a bystander @ Rs.200/- per day,

for 8 days of hospitalization.

10. The compensation awarded under all other

heads seems to be reasonable, and hence it

needs no modification.

11. The enhanced compensation awarded in this

appeal is stated in the table given below:-

Amount Amount Difference to be Head of claim awarded awarded in drawn as by the enhanced appeal Tribunal compensation

Pain and suffering 25,000/- 35,000/- 10,000/- Damage to clothing 250/- 500/- 250/-

1,600/-


                                               [200x8]
                                              TOTAL          10,975/-

12. So the appellant is entitled to get

enhanced compensation of Rs.10,975/-.

13. The 4th respondent-New India Assurance

Company Limited is directed to deposit the

enhanced compensation of Rs.10,975/- with 7.5%

interest per annum, from the date of petition

till the date of deposit, (excluding 482 days

of delay in filing the appeal) before the Motor

Accidents Claim Tribunal, Vatakara, within a

period of two months from the date of receipt

of a copy of this judgment. Learned Tribunal

shall disburse that amount to the appellant

after deducting the liabilities, if any,

towards Tax, balance court fee and legal

benefit fund.