Kerala High Court
Iqbal @ Muhammad Iqbal vs Krishnankutty.K on 28 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
MACA NO. 1313 OF 2019
OPMV NO.1443 OF 2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,
THALASSERY
APPELLANT/PETITIONER:
IQBAL @ MUHAMMAD IQBAL,
AGED 47 YEARS
S/O.MAJEED, MADATHIL HOUSE, INSHA MAHAL,
KALLAI.P.O., ANJARAKKANDY, THALASSERY TALUK,
KANNUR DISTRICT.
BY ADV PHIJO PRADEESH PHILIP
RESPONDENTS/RESPONDENTS:
1 KRISHNANKUTTY.K.,
DRIVER GRADE II, KSRTC, PALAKKAD.
2 THOMAS C.V.,
S/O.JOSEPH VARGHESE, CHIRAYILPARAMBIL HOUSE,
THENIDUKKU, PARUVASSERY.P.O., PALAKKAD DISTRICT.
3 THE ORIENTAL INSURANCE CO.LTD.,
DIVISIONAL OFFICE, SHOBHA TSM COMPLEX, R.S.ROAD,
PALAKKAD.
BY ADV SRI.A.R.GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 28.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
MACA NO. 1313 OF 2019
..2..
JUDGMENT
This appeal has been filed by the claimant in OP(MV)
No.1443 of 2013 on the file of the Motor Accidents Claims
Tribunal, Thalassery. The respondents herein were the
respondents before the tribunal.
2. The case of the appellant/claimant is that on
02.08.2012, while he was travelling in a car bearing
Reg.No.KL-58D/5815 towards Thalassary, a lorry bearing
Reg.No.KL49B/6946 driven and owned by the first and second
respondents respectively, hit against the car, whereby he
sustained serious injuries. He approached the tribunal
claiming a total compensation of ₹5,00,000/-.
3. Respondents 1 and 2 remained ex parte before the
tribunal. The respondent insurer filed a written statement,
admitting the policy coverage for the offending vehicle, but
disputing liability and the quantum of compensation claimed.
Before the tribunal, the evidence consists of documentary
evidence as Exts.A1 to A11 on the side of the
appellant/claimant and Ext.X1 as third party evidence. No
MACA NO. 1313 OF 2019
..3..
evidence was adduced by the respondents. The tribunal, after
analysing the pleadings and materials on record, held that the
accident took place on account of the negligence of the driver
of the offending vehicle and awarded a sum of ₹1,71,200/- as
compensation under different heads against the third
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 heads;
5.1. Notional income - The learned counsel for the
appellant submits that the appellant was doing business and
earning ₹25,000/- per month, however, the tribunal has fixed
the notional monthly income of the appellant at ₹5,000/-,
stating that no documents were produced to prove income. It
is further submitted that the appellant produced a tax receipt
of his shoproom, wherein he alleged to have been doing a
textile business. Even if the appellant was a coolie, the
MACA NO. 1313 OF 2019
..4..
notional income ought to have been fixed as per the decision
in Ramachandrappa v. Manager, Royal Sundaram Alliance
Insurance Company Ltd. [(2011) 13 SCC 236] is ₹8,500/-.
Considering the fact that the appellant claimed to be a
businessman, though no document other than the tax receipt
has been produced to prove his income, I am of the opinion
that the notional monthly income of the appellant can be
refixed at ₹10,000/-.
5.2. Loss of earnings - The learned counsel for the
appellant submits that due to the injuries sustained by the
appellant, he could not go for any work for almost six months,
however, the tribunal awarded loss of earnings only for three
months. On a consideration of the injuries sustained by the
appellant, I am of the opinion that compensation for loss of
earnings can be granted to the appellant for a period of five
months. Since the notional monthly income of the appellant is
refixed at ₹10,000/-, the total compensation towards loss of
earnings would come to ₹50,000/-, entitling the appellant to
get an additional amount of ₹35,000/- over and above the
compensation awarded by the tribunal under this head.
MACA NO. 1313 OF 2019
..5..
5.3. Loss of amenities - The learned counsel for the
appellant submits that the tribunal awarded only an amount of
₹25,000/- towards loss of amenities, which is on the lower
side. Considering the injuries sustained by the appellant and
the sufferings that the appellant might have undergone, I
deem it appropriate to award an additional amount of
₹15,000/- towards loss of amenities.
5.4. Permanent disability - The learned counsel for the
appellant submits that the tribunal has not awarded any
compensation towards permanent disability. It is seen that no
document has been produced by the appellant to prove his
permanent disability. Hence, I do not find any reason to
interfere with the finding of the tribunal.
6. Though the appellant claimed enhancement of
compensation under other heads, on a perusal of the records
available, I am not inclined to interfere with the compensation
awarded by the tribunal under other heads since it appears to
be just and reasonable. Thus, the impugned award of the
tribunal is modified as follows;
MACA NO. 1313 OF 2019
..6..
Sl.
No. Head of Claim Amount Amount Modified Total
claimed awarded in appeal compensati
(in ₹) by the (in ₹) on
tribunal (in ₹)
(in ₹)
1. Loss of earning 100000 15000 35000 50000
2. Partial loss of
earnings
3. Transport to 5000 2000 2000
hospital
4. Extra 5000 6000 6000
nourishment
5. Damage to 5000 2000 2000
clothing and
articles
6. Others: 85000 37300 37300
(a)Medical 3900 3900
expenses
(b) Bystander's
expenses
7. Pain and 100000 80000 80000
sufferings
8. Permanent 200000
disability/ future
earnings
9. Amenities 25000 15000 40000
Total 500000 171200 50000 221200
Accordingly, the appeal is allowed in part and the
appellant/claimant is awarded an additional compensation of
MACA NO. 1313 OF 2019
..7..
₹50,000/- (Rupees fifty thousand only) over and above the
compensation awarded by the tribunal with interest @ 9% 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 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. However, it is made clear that the
enhanced compensation will not carry interest for the period
of delay of 495 days in filing the appeal.
SD/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
