Kerala High Court
Sunitha vs Sreekumar.M on 6 November, 2024
2024:KER:88999
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA, 1946
MACA NO. 2908 OF 2021
AGAINST THE AWARD DATED 23.02.2021 IN OPMV NO.2173 OF 2015 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR.
APPELLANT/PETITIONER:
SUNITHA
AGED 60 YEARS
W/O. LATE RAVEENDRAN, THAIPARAMBIL HOUSE, GURUVAYUR
MUNICIPALITY, THRISSUR-680 103.
BY ADV A.R.NIMOD
RESPONDENTS/RESPONDENTS:
1 SREEKUMAR.M.
ASSISTANT MANAGER, KAJAH TRADING PVT.LTD., PACKING
CENTRE, 132 A, P.O.CHAKKAMKANDAM, PALUVAI,
THRISSUR-680 522.
2 BIJU.K.,
S/O. VELAYUDHAN, KOLAPURATH HOUSE, EAST NADA,
GURUVAYUR, THRISSUR-680 101.
3 THE UNITED INDIA INSURANCE COMPANY LTD,
II/655, POST BOX NO.13, EAST NADA, GURUVAYUR ,
THRISSUR-680 101, REPRESENTED BY ITS BRANCH
MANAGER.
BY ADVS.
P.K.ManojKumar
JOHN JOSEPH VETTIKAD
C.JOSEPH JOHNY(K/107/2007)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
06.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO.2908/2021
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EASWARAN S., J
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MACA No.2908 of 2021
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Dated this the 6th day of November, 2024
JUDGMENT
The claimant in O.P.(MV)No.2173/2015 on the files of the
Motor Accidents Claims Tribunal, Thrissur, is the appellant.
2. Three claim petitions were jointly tried together
arising out of one single accident. The original petition,
O.P(MV)No.2173/2015, out of which the present appeal arises
has been preferred by the mother of late Harish Raveendran.
3. The facts in brief for disposal of the appeal are as
follows: On 28.05.2015, while the appellant was travelling
along with Hareesh Raveendran, her son and Raveendran, her
husband, in an ambulance bearing Reg.No.KL-46-G-9745
through Poonkunnam to Poothole and when it reached at
Sankaraiyyer Road Junction, a lorry bearing Reg.No.MH-12 HD
9311 came from the opposite side and dashed into the
ambulance. Due to the impact, Harish Reveendran and
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Raveendran sustained injuries and later succumbed to death.
The appellant sustained serious injuries and therefore
approached the Motor Accidents Claims Tribunal, Thrissur, for
claiming compensation. On the side of the
claimants/appellants, Exts.A1 to A29 were marked. B1 and B2
were marked on the side of the respondent. The claimant
contended that she is a Teacher drawing a salary of
Rs.45,754/-. The Tribunal, however, taking note of the fact
that the claimant/appellant was due to retire on 31.05.2015,
granted only Rs.1,00,000/- as compensation towards
permanent disability. Although, Ext.A25 Disability Certificate
was produced, the Tribunal ignored the same on the pretext
that the doctor who issued Ext.A25 Disability Certificate was
not examined. Thus the Tribunal awarded the following
compensation :
Sl. Head of claim Amount Amount
no. Claimed Awarded
(in Rupees) (in Rupees)
1 Loss of earning (total) 48,000 30,000
2 Medical expenses 40,000 39,900
3 Bystander expenses 6,000 1,800
4 Transportation expenses 5,000 5,000
5 Extra nourishment 6,000 5,000
6 Damage to clothing etc. 1,500 1,000
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7 Pain and suffering 35,000 35,000
8 Compensation for continuing or 1,50,000 1,00,000
permanent disability
9 Compensation for the loss of earning
power
10 Loss of amenities and enjoyment of 20,000 30,000
life
11 Compensation for disfiguration -- --
12 Personal attendants -- 7,500
13 Future treatment 20,000 --
Total 3,31,500 2,55,200
Claim limits to 3,00,000
4. Aggrieved by the aforesaid award, the claimant has
approached this Court.
5. Heard, Sri.Nimod A.R. - learned counsel for the
appellant and Sri.John Joseph Vettikad - learned Standing
Counsel for the Insurance Company.
6. Admittedly, the salary drawn by the
claimant/appellant is proved through Ext.A26. A reading of the
award impugned in the appeal shows that the Tribunal has
accepted Ext.A26 Salary Certificate and found that the
claimant was drawing a salary of Rs.45,754/-. Having
accepted the salary drawn by the claimant/appellant, the
Tribunal declined to grant any compensation by applying the
multiplier system under the head permanent disability, on the
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ground that Ext.A25 was not proved by the claimant by
examing the Doctor. However, the Tribunal chose to award a
lumpsum compensation of Rs.1 lakh under the aforesaid head.
7. The law as regards the acceptance of the Disability
Certificate produced on behalf of the claimant stands settled by
the judgmentof this Court in Manikantan G. v.
K.Janardhanan Nair and Others [2021 (5) KHC 305]. The
Tribunal chose to ignore Ext.A25 only on the ground that the
Doctor has not been examined by the claimant. The Tribunal
concluded as above presumably because of the objection
raised by the Insurance Company. If the Tribunal entertained
any doubt regarding percentage of disability, then the claimant
ought to have been referred to the Medical Board in terms of
the Rule 387 of the Kerala Motor Vehicle Rules, 1989.
Therefore, this Court cannot subscribe to the findings rendered
by the Tribunal and thus the claimant/appellant is entitled to
succeed in the appeal.
8. In the result, the appeal stands allowed. The
enhanced compensation for which the appellant is entitled is as
follows:
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Heads Amount Total Enhanced
awarded by the compensation amount of
Tribunal awarded in compensation
appeal
Loss of earning 30,000/- 1,37,262/- 1,07,262/-
(45754x3) [137262-30000]
Compensation for 1,00,000/- 5,43,558/- 4,43,558/-
continuous or [45754x12x11x9/10 [543558-
permanent 0] 100000]
disability
Total enhanced amount of compensation Rs.5,50,820/-
Accordingly, the appellant/claimant is awarded an
additional compensation of Rs.5,50,820/- (Rupees five lakhs
fifty thousand eight hundred twenty only) over and above the
compensation awarded by the Tribunal with interest @8% per
annum from the date of petition till realization together with
proportionate costs. The Insurance Company is directed to
deposit the aforesaid amount within a period of 30 days from
the date of receipt of a copy of this judgment. The claimant
shall furnish the details of the bank account to the Insurance
Company for transfer of the amount.
The appeal is ordered accordingly.
Sd/-
EASWARAN S.
JUDGE
ACR
