Kerala High Court
Baiju vs Rinitha on 21 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
ST
FRIDAY, THE 21
DAY OF JUNE 2024 / 31ST JYAISHTA, 1946
MACA NO. 1293 OF 2014
AGAINST THE AWARD DATED 30.09.2013 IN OP(MV) NO.1941 OF 2007
OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR
APPELLANT/PETITIONER:
AIJU,
B
AGED 32 YEARS,
S/O.FRANCIS, RESIDING AT PALAYOOR HOUSE, P.O.MUNDUR,
THRISSUR DISTRICT.
Y ADVS.
B
SRI.T.C.SURESH MENON
SRI.A.R.NIMOD
RESPONDENTS/RESPONDENTS:
1
RINITHA,
RESIDING AT KARAMAYIL HOUSE,
PUNNAYOORKULAM P.O., THRISSUR - 679 561.
2
MANOJ P.M.,
S/O.MANI, RESIDING AT PANTHAYIL HOUSE,
KANDANASSERY P.O., THRISSUR 680 102.
3
THE UNITED INDIA INSURANCE COMPANY LIMITED,
ORISON COMPLEX, KUNNAMKULAM,
THRISSUR - 680 503.
MACA 1293 of 2014 2
Y ADVS.
B
GEORGE CHERIAN (SR.), SC, UNITED INDIA INSURANCE
COMPANY LIMITED
LATHA SUSAN CHERIAN, SC, UNITED INDIA INSURANCE
COMPANY LIMITED
K.S.SANTHI, SC, UNITED INDIA INSURANCE COMPANY LIMITED
THIS
MOTOR
ACCIDENT
CLAIMS
APPEAL HAVING BEEN
FINALLY
EARD
H ON
21.06.2024,
THE
COURT
ON
THE
SAME
DAY
DELIVERED
THE
FOLLOWING:
MACA 1293 of 2014 3
J U D G M E N T
This appeal is at the instance of the claimant in
OP(MV)No.1941 of 2007 on the file of Motor Accidents Claims
Tribunal, Thrissur, assailing the award on the ground of
inadequacy of compensation.
2.On09.08.07at3.30p.m.,whiletheappellant/claimant
was pillion riding a motorcycle, he was knocked down by
KCE-5783 car driven by the 2nd respondent, in a rash and
negligent manner. He sustained serious injuries including
fractureofacetabulumleft,fractureofpelvisanddislocationof
hip. His brain showed cerebral edema. He suffered 65%
disability due to the injuries suffered in the accident. He was
hospitalised for 67 days in total. He approached the Tribunal
claiming compensation of Rs.27,04,400/-,butlearnedTribunal
awarded only Rs.12,66,600/-, and hence this appeal.
3.The1strespondentwastheowneroftheoffendingcar,
2nd respondent was its driver and 3rd respondent was its
Insurer. The 3rd respondent-Insurer admitted the accident as
MACA 1293 of 2014 4
well as the Policy.
4. In the appeal, the 3rd respondent-Insurer appeared
through counsel and admitted the Policy. But, according to
them, the compensation awarded by the Tribunal is just and
reasonable and hence, it needs no modification.
5. Now this Courtiscalleduptoanswerwhetherthereis
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 3rd respondent-Insurer.
7. Learned counsel for the appellant would submit that
the appellant was a 25 year old salesman, earning monthly
income of Rs.6,000/-, but learned Tribunal fixed his notional
income @ Rs.4,000/- alone, and it is on the lower side. He
would rely on the decision Ramachandrappa v. Manager,
Royal Sundaram Alliance Insurance Company Limited
[AIR 2011 SC 2951], to say that in the year 2007 even a
MACA 1293 of 2014 5
coolie worker was eligible to get his notional income fixed @
Rs.6,000/- per month. Relying on that decision, this Court is
inclined to fix his notional income @ Rs.6,000/- per month.
8. Learned Tribunal assessed loss of earning for two
months alone, though the appellant was hospitalised for more
than two months. So, this Court is inclined to assess loss of
earning for six months @ Rs.6,000/- per month, which will
come to Rs.36,000/-. After deducting Rs.8,000 already
awarded, the appellant is entitled to get Rs.28,000/- as
enhancement under the head the 'loss of earning'.
9.Towardsbystanderexpenses,learnedTribunalawarded
Rs.20,000/-. Learned counsel for the appellant would submit
that due to the seriousness of the injuries suffered by the
appellant, he was not able to lead a normal life and that fact
was noticed by the Tribunal also, when the appellant was
physically present before the Tribunal. As the accident was in
the year 2007, this Court is inclined to allow bystander
expenses @ Rs.250/- per day for six months, which would
MACA 1293 of 2014 6
come to Rs.45,000/-. After deducting Rs.20,000/- already
awarded, he is entitled to get the balance Rs.25,000/- as
enhancement under the head 'bystander expenses'.
10. The appellant had suffered 65% of permanent
disability,whichwasacceptedbytheTribunalassuch.Learned
counsel for the appellant would say that based on the
guidelines issued by the Ministry of Social Justice and
Empowerment vide notification No. 16-18/97-NII dated
01.06.2001, for very severe Retention/Total incontinence of
bladder,thedisabilityistobetreatedas100%.Butinthecase
on hand, there was no incontinence reported,buttodefecate,
an external bladder was fixed to his rectum. Moreover a
competentMedicalBoardafterassessingallthedisabilitiesand
discomforts he had, assessed his disability as 65% and this
Court also is inclined to accept the same as such.
11. Learned Tribunal took his notional income as
Rs.4,000/- alone. We have fixed his notional income @
Rs.6,000/- per month. Relying on the decision National
MACA 1293 of 2014 7
Insurance Company Ltd. v. Pranay Sethi and Others,
[(2017) 16 SCC 680], since he was below 40, this Court is
inclinedtogrant40%additiontowardsfutureprospects,asthe
disabilitysufferedwas65%.Sothecompensationfordisability
can be assessed as Rs.11,79,360/- (8,400x12x18x65/100).
Learned Tribunal awarded a total amount of Rs.7,61,600/-
under the head 'disability' and 'loss of earning power'. By
deducting that amount, the appellant is entitled to get the
balance amount of Rs.4,17,760/- as enhancement under the
head 'disability compensation'.
12. Towards painandsuffering,learnedTribunalawarded
only Rs.50,000/- against his claim of Rs.2,00,000/-.
Considering the nature of injuries suffered, period of
hospitalisation and also the disability that was persisting, this
Court is inclined to award Rs.50,000/- more under the head
'pain and suffering.
13. The compensation awarded by the Tribunal under all
other heads seems to be reasonable and hence, it needs no
MACA 1293 of 2014 8
modification.
Head of claim Amount Amount Difference to be
warded by
a awarded in drawn as
the Tribunal appeal enhanced
compensation
Loss of earning Rs.8,000/- Rs.36,000/- Rs.28,000/-
ystander
B Rs.20,000/- Rs.45,000/- Rs.25,000/-
expenses
Compensation for
permanent Rs.5,61,600/- Rs.11,79,360/- Rs.4,17,760/-
disability
Loss of earning Rs.2,00,000/-
Power
Pain and suffering Rs.50,000/- Rs.1,00,000/- Rs.50,000/-
Total Rs.5,20,760/-
14.Intheresult,theappellantisentitledtogetenhanced
compensation of Rs.5,20,760/-.
15. The 3rd respondent-Insurer is directed todepositthe
enhanced compensation of Rs.5,20,760/- (Rupees Five Lakh
Twenty Thousand Seven Hundred and Sixty only), with 7.5%
interest per annum, from the date of petition till the date of
deposit, (excluding 134 days of delay in filing the appeal)
MACA 1293 of 2014 9
before the Motor Accidents Claims Tribunal, Thrissur, within a
periodoftwomonthsfromthedateofreceiptofacopyofthis
judgment. Learned Tribunal shall disburse that amount to the
appellant after deducting his liabilities, if any, towards tax,
balance court fee, legal benefit fund, etc.
The appeal is allowed to the extent as above with
proportionate costs.
Sd/-
SOPHY THOMAS
JUDGE
DSV/-
