Kerala High Court
National Insurance Company vs M.Hshim on 12 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
TH
WEDNESDAY, THE 12
DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
MACA NO. 1040 OF 2013
AGAINST THE AWARD DATED 26.11.2012 IN OP(MV) NO.1459 OF 2004
OF PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE
APPELLANT/2ND RESPONDENT IN OP(MV)No.1459/2004:
HE NATIONAL INSURANCE INSURANCE COMPANY.,
T
P.B.NO.811, NOOR COMPLEX, NEAR ARAYIDATHUPALAM,
MAVOOR ROAD, KOZHIKODE, REPRESENTED BY ITS MANAGER,
REGIONAL OFFICE, M.G.ROAD, ERNAKULAM.
BY ADV SEBASTIAN VARGHESE
ESPONDENTS/PETITIONER AND THE 1ST RESPONDENT IN
R
OP(MV)NO.1459/2004:
1
M.HASHIM,
AGED 28 YEARS,
S/O.MAMMED KOYA, PALAKKAL HOUSE, P.O.ARAKKINAR,
KOZHIKODE - 28, NADAVATTOM AMSOM DESOM 673 028.
2
P.P.ABOOBACKER, AGE NOT KNOWN, S/O.MOIDEENKOYA,
21/337, KAPPAKKAL, PAYYANAKKAL, P.O.KALLAI,
CALICUT-673002.
MACA 1040 of 2013 2
BY ADV SRI.M.MUHAMMED SHAFI
THIS
MOTOR
ACCIDENT
CLAIMS
APPEAL HAVING BEEN
FINALLY
EARD
H ON
12.06.2024,
THE
COURT
ON
THE
SAME
DAY
DELIVERED
THE
FOLLOWING:
MACA 1040 of 2013 3
J U D G M E N T
This appeal is at the instance of the 2nd
respondent-Insurer in OP(MV) No.1459 of 2004 on the file of
Principal Motor Accidents Claims Tribunal, Kozhikode, alleging
that the award amount is exorbitant.
2. The 1st respondent/claimant met with a road traffic
accident on 18.03.2004, at 10.30 p.m., while he was riding a
motorcycle through Kallai road at Kozhikode. He was knocked
down by a stage carriage bearing registration
No.KL-11/A-7677,whichwasownedbythe2ndrespondent[R1
in the OP(MV)]. He suffered serious injuries and he was
admitted and treated in various hospitals for about 153 days.
He approached the Tribunal claiming only Rs.7,50,000/-, but
the Tribunal awarded Rs.12,24,569/-, which according to the
appellant is highly excessive.
3. Now this Court iscalledupontoanswerwhetherthere
is any illegality, irregularity or impropriety in the impugned
award, warranting interference by this Court.
4. Heard learned counsel for the appellant-Insurer and
MACA 1040 of 2013 4
learned counsel for the 1st respondent-claimant.
5. At the time of hearing, learned counsel for the
appellant, restricted his challenge to the compensation
awardedbytheTribunaltowardspainandsufferingandlossof
amenities.
6. Towards pain and suffering, learned Tribunal awarded
Rs.1,50,000/-. The appellant was a 28 year old man at the
time of accident. He had suffered fracture pelvis with soft
tissue injury over right thigh, right hip, right shoulder etc.,
fracture leftiliacwingandcrust,fracturetorightpubicramus,
SIJ disruption right, fracture L5 transverse process left,
urethral injury and mental depression. He was treated at
Medical College Hospital, Kozhikode, initially for 59 days.
Thereafter, he was admitted and treated at BMH Hospital,
Kozhikode, Shibas Hospital, Kozhikode and Sathyasai Institute
at Puttaparthi. He had undergone seven major surgeries,
during the period of hospitalisation, which comes to 153 days
in total. Considering these facts, compensation of
Rs.1,50,000/- awarded by the Tribunal towards pain and
MACA 1040 of 2013 5
suffering, is not excessive, and it is only reasonable. So this
Court is not inclined to interfere with the compensation
awarded by the Tribunal under the head pain and suffering.
7. Towards loss of amenities, learned Tribunal awarded
Rs.3,00,000/-.InExt.C1DisabilityCertificate,hisdisabilitywas
noted as 58%. He had incontinence of urine during day and
night, and was having problems to genitourinary system. He
suffered injurytohispenisandhisimpotencywasassessedto
be10%.Hesufferederectiledysfunctionalso.LearnedTribunal
notedthattheclaimantcouldnotliveahappymarriedlife,and
he lost his entire pleasures in life, and his life span got
shortened also. Even then, Rs.3,00,000/- awarded under the
head 'loss of amenities' seems to be on the higher side. This
Court is of the view that Rs.2,50,000/- is just and reasonable
compensation towards loss of amenities. So the appellant is
entitled to deduct Rs.50,000/- from thecompensationamount
awarded by the Tribunal.
8. Learned counsel for the appellant submitted that 65%
of the award amount has been already deposited by them
MACA 1040 of 2013 6
before the Tribunal. So from the balance amount to be
deposited, the appellant can deduct Rs.50,000/-. The
appellant-Insurer [R2 in OP(MV)] is directed to deposit the
balance amount with interest and proportionate costs as
ordered by the Tribunal, within a period of two months from
thedateofreceiptofacopyofthisjudgment.LearnedTribunal
shall disburse that amount to the 1st respondent/claimant,
afterdeductingtheliabilities,ifany,towardstax,balancecourt
fee, legal benefit fund etc.
The appeal is allowed inparttotheextentasabove,and
no order is made as to costs.
Sd/-
SOPHY THOMAS
JUDGE
DSV/-
