Kerala High Court
Shinu Sadique vs The Divisional Manager on 20 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
MACA NO. 3029 OF 2019
AGAINST THE AWARD DATED 14.05.2019 IN OPMV NO.748 OF 2016 OF MOTOR
ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM
APPELLANT/PETITIONER:
SHINU SADIQUE
AGED 31 YEARS,
W/O. SADIQUE, PULIMOTTIL, KATTATHI BHAGOM,
KIZHAKKUM BHAGOM, ETTUMANOOR.
BY ADVS.
P.M.JOSHI
SMT.SIJI K.PAUL
RESPONDENT/2ND RESPONDENT:
THE DIVISIONAL MANAGER
THE NATIONAL INSURANCE CO. LTD., KOTTAYAM - 1.
BY ADV DEEPA GEORGE, SC
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 3029 OF 2019
2
JUDGMENT
Dated this the 20th day of June, 2024
This appeal has been filed by the claimant in OP(MV)
No.748 of 2016 on the file of the Motor Accidents Claims
Tribunal, Kottayam. The respondent herein is the second
respondent before the Tribunal.
2. According to the appellant, on 11.02.2016 at about 5.00
p.m., while she was travelling in a car bearing registration
No.KL-05-V-6914 through Pala - Ettumanoor road at Kidangoor
Village, an Alto car bearing registration No.KL-05/AE-244 came
in opposite direction hit the car running in front of the
petitioner's car and thereafter hit the car in which the
petitioner was travelling, in which she had sustained severe
injuries. The appellant approached the Tribunal claiming a total
compensation of ₹8,13,000/-, which is limited to ₹3,00,000/-.
3. The respondent-insurer filed a written statement,
admitting the insurance policy, but disputing the quantum of
compensation claimed. Before the Tribunal, no oral evidence
was adduced on either side. Exts.A1 to A9 were marked on the
MACA NO. 3029 OF 2019
side of the appellant. The Tribunal, after analysing the
pleadings and materials on record, awarded a sum of
₹2,17,230/- as compensation under different heads with interest
@ 9% per annum from the date of petition, i.e., 10.06.2016, 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 head:-
Permanent Disability/Loss of earning power
The main head under which the appellant claims for
enhancement is permanent disability/loss of earning power.
The learned Counsel for the appellant submits that Ext.A9
disability certificate was issued by the Consultant in
Orthopaedics and which shows that the appellant was having
6% permanent disability. But the Tribunal, after considering
the facts of the case and without any reasoning, reduced her
permanent disability to 4%.
MACA NO. 3029 OF 2019
Having gone through the facts and circumstances of the
case, I feel that the reduction of permanent disability of the
appellant to 4% is not proper and hence I fix the permanent
disability at 6%. Accordingly, under the head of loss of
permanent disability/loss of earning power, the total
compensation payable is ₹1,38,240/- (12,000 x 12 x 16 x 6/100)
Thus, there will be an additional amount of ₹46,080/- (Rupees
Forty Six Thousand Eighty Only) under the afore head. The
amount awarded by the Tribunal was only ₹92,160/-.
6. The learned Counsel also sought enhancement under
other heads. But on perusal of the award passed by the
Tribunal, I find that the amount awarded by the Tribunal under
different heads appears to be reasonable. Hence, I am not
inclined to interfere with the compensation granted by the
Tribunal under other heads.
Thus the impugned award is modified as under:-
Amount Amount
Sl. Amount
awarded by modified Total
No. Head of Claim claimed
the tribunal in appeal compensation
(in Rs.)
(in Rs.) (in Rs.)
1 Loss of earnings
78,000 36,000 (not 36,000
modified)
MACA NO. 3029 OF 2019
Partial loss of
2 6,000 NA -
earnings
Transport to
3 10,000 3,000 (not 3,000
Hospital
modified)
(not
4 Extra Nourishment 3,000 2,400 2,400
modified)
(not
5 Damage to clothing 1,000 1,000 1,000
modified)
Bystander (not
6 15,000 2,400 2,400
expenses modified)
7 Medical expenses 1,00,000 10,270 (not 10,270
modified)
(not
8 Pain and sufferings 1,00,000 40,000 40,000
modified)
Permanent
2,00,000
disability/
9 92,160 46,080 1,38,240
Loss of earning
2,00,000
power
(not
10 Loss of amenities 1,00,000 30,000 30,000
modified)
Total (claim limited 8,13,000
2,17,230 46,080 2,63,310
to) 3,00,000
Accordingly, the appeal is allowed in part and the
appellant/claimant is awarded an additional compensation of
₹46,080/- (Rupees Forty Six Thousand Eighty 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
MACA NO. 3029 OF 2019
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, ADHAAR 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.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
RK
