Kerala High Court
Hishan Hareesh vs M/S. Shriram General Insurance Co. Ltd 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. 2740 OF 2019
AGAINST THE AWARD DATED 25.09.2018 IN O.P (MV) NO.977 OF 2015 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY
APPELLANT/PETITIONER :-
HISHAN HAREESH
AGED 23 YEARS
S/O.HAREESH,RESIDING AT NANDAVANAM,
ATHAZHAKUNNU.P.O,KAKKAD,KANNUR DISTRICT.
BY ADV M.V.AMARESAN
RESPONDENT/RESPONDENT NO.3 :-
M/S. SHRIRAM GENERAL INSURANCE CO. LTD.
2ND FLOOR,AZAD TOWERS,AMMAN KOVIL ROAD,
COCHIN, PIN-682035.
BY ADV LINTO FRANCIS - SC
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 2740 OF 2019
2
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.977 of
2015 on the file of the Motor Accidents Claims Tribunal,
Thalassery. The respondent herein is the 3rd respondent before
the tribunal.
2. According to the appellant/claimant, on 22.03.2014,
while the petitioner was sitting on a motorbike on the extreme
road margin at the place of accident, a lorry bearing Registration
No.KL-13R/1194 driven by the second respondent in a rash or
negligent manner hit against the motor bike causing serious
injuries to him. The appellant approached the tribunal claiming a
total compensation of Rs.40,00,000/-.
3. The respondent insurer filed a written statement,
admitting the policy, but disputing the quantum of compensation
claimed. Before the tribunal, no oral evidence was adduced on
either side. Exts.A1 to A11 were marked on the side of the
appellant and Ext.X1 disability certificate was marked as the
MACA NO. 2740 OF 2019
court exhibit. The tribunal, after analysing the pleadings and
materials on record, awarded a sum of Rs.3,62,860/- as
compensation under different heads with interest @ 8% per
annum from the date of petition 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 heads:
Income/notional income :- The learned counsel for the
appellant submitted that only an amount of Rs.7,000/- was taken
by the tribunal towards notional income. The appellant was aged
18 at the time of accident. Considering the age of the appellant, I
find that an amount of Rs.8,000/- per month can be taken as
monthly income.
Loss of permanent disability :- Since the notional
income has been fixed at Rs.8,000/-, the compensation under the
MACA NO. 2740 OF 2019
head loss of permanent disability has to be recalculated. Hence,
the total compensation payable under the head loss of permanent
disability would come to Rs.51,840/- (8,000x12x18x3/100). The
tribunal has already awarded Rs.45,360/- and thus there will be
an additional amount of Rs.6,480/- under the head loss of
dependency.
Transport to hospital :- The learned counsel for the
appellant submitted that though an amount of Rs.50,000/- was
claimed towards transport to hospital, the tribunal has awarded
only an amount of Rs.10,000/-. On going through the award, it is
seen that the appellant was a resident of Kannur and went to the
hospital at Mangalore, which is almost 160 km away from his
residence, and he had to visit the hospital to do the follow-up
treatment around 4 to 5 times. Accordingly, I award an additional
amount of Rs.10,000/- under the said head.
Loss of amenities, compensation for disfigurement
etc :- Though Rs.5,10,000/- was claimed by the appellant under
the two heads, the tribunal has awarded only an amount of
Rs.50,000/- in common, under the heads. Considering the nature
of injuries and age of the appellant, I find that an additional
MACA NO. 2740 OF 2019
amount of Rs.25,000/- can be granted in total under the said two
heads. Thus, the total compensation payable under the said
heads will be Rs. 75,000/-.
6. Though the learned counsel for the appellant has
sought enhancement of compensation under the other heads, I
am of the opinion that the compensation awarded by the tribunal
appears to be just and reasonable. Hence, I am not inclined to
interfere with the compensation awarded under the other heads.
7. Thus, the impugned award of the tribunal is modified
as follows;
Sl.
No. Head of Claim Amount Amount Modified in Total
claimed awarded by appeal compensatio
the n
tribunal
1 Loss of earnings 15,00,000 Nil Nil Nil
2 Partial loss of Nil Nil Nil Nil
earnings
3 Transport to 50,000 10,000 10,000 20,000
hospital
4 Extra 50,000 10,000 (not 10,000
nourishment modified)
5 Damage to 10000 1000 (not 1000
clothing and modified)
articles
6 Bystander 31500 (not 31500
expenses 1,00,000 modified)
7 Medical expenses 140000 (not 140000
modified)
8 Pain and suffering 1500000 75000 (not 75,000
modified)
MACA NO. 2740 OF 2019
9 Compensation 3,00,000 45,360 6,480 51,840
for permanent
disability, loss
of earning
power
10 Compensation 10,000
for loss of
amenities,
earning power
etc 50,000 25,000 75,000
11 Compensation 5,00,000
for
disfigurement &
loss of studies
TOTAL 40,00,000 3,62,860 41,480 4,04,340
Accordingly, the appeal is allowed in part and the
appellant/claimant is awarded an additional compensation of
Rs.41,480/- (Rupees forty one thousand four hundred and 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 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
MACA NO. 2740 OF 2019
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
SMA
