Kerala High Court
Sreekanth N vs Muhammed Yahiya Koombara on 6 November, 2024
MACA No.4376 of 2019 1 2024:KER:82392
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA, 1946
MACA NO. 4376 OF 2019
AGAINST THE AWARD DATED 24.04.2018 IN OPMV NO.639 OF 2015 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL , MANJERI
APPELLANT/PETITIONER:
SREEKANTH N.,AGED 28 YEARS
S/O.GOPINATHAN, NECHIKUNDIL GOKULAM HOUSE,
MELMURI NORTH.P.O., MELMURI-27,
MALAPPURAM-676517.
BY ADV K.P.ANIL KUMAR
RESPONDENTS/RESPONDENTS:
1 MUHAMMED YAHIYA KOOMBARA
S/O.KUNHIMARAKKAR KOOMBARA, KOOMBARA HOUSE,
PULPATTA.P.O., MALAPPURAM DISTRICT-676126.
2 RAMEES YAHIYA, AGED 22 YEARS,
S/O.YAHIYA.P.K., POOLANKULANGARA HOUSE,
POOKKOTTUR.P.O., PALLIPPADI, MALAPPURAM-676517.
3 THE NEW INDIA ASSURANCE CO.LTD.,
REP. BY MANAGER/AUTHORIZED SIGNATORY, SILVER PLAZA
BUILDING, MAVOOR ROAD JUNCTION, KOZHIKODE-673001.
R3 BY SRI. N.S.NAJEEB, SC
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 06.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA No.4376 of 2019 2 2024:KER:82392
P.KRISHNA KUMAR, J
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MACA No.4376 of 2019
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Dated this the 6th day of November, 2024
JUDGMENT
This appeal is preferred against the award passed on
24.4.2018 by the Motor Accidents Claims Tribunal, Manjeri in OP(MV)
No.639 of 2015, by the petitioner therein, claiming that the amount
awarded under various heads is insufficient.
2. The appellant suffered injury on 28.03.2015 while a
car driven by the second respondent hit on the motorcycle on which
the petitioner was travelling as a pillion rider. There is no dispute as
to the cause of accident or the injuries sustained.
3. Heard both sides and perused the available records.
4. The injury, as evident from the records, is a lacerated
wound on the right calf, with 15x4 c.m. in size. He was treated for
wound debridement and subjected to suturing and was again admitted
in the hospital for secondary skin grafting. From Ext.A6-discharge
summary, it appears that he had undergone medical treatment from
28.3.2015 to 30.03.2015 and 16.5.2015 to 17.05.2015.
MACA No.4376 of 2019 3 2024:KER:82392
5. During the course of argument, the learned counsel
appearing for the appellant vehemently contended that the Tribunal
omitted to give reasonable compensation for future medical
treatment as well as loss of amenities. He also contended that the
amount awarded on other heads is also lightly insufficient.
6. Learned counsel appearing for the third respondent
submitted that the Tribunal arrived at a correct finding based on the
evidence on record and there is no scope for any interference.
7. After considering the award passed by the learned
Tribunal and the submissions made across the Bar, I find no scope for
interference with the impugned award under the heads of loss of
earnings, transport to hospital, extra nourishment, damage to clothing
& articles, bystander expenses, medical expenses, future treatment,
compensation for pain and suffering and compensation for permanent
disability. The records do no suggest that the appellant requires any
future treatment. However, it appears from the records verified and
marked by the learned Tribunal, as are reflected in the award itself,
that he suffered serious injuries on his right calf and he underwent
treatment during 28.3.2015 and 17.5.2015. He also underwent wound
debridement, suturing and secondary skin grafting.
8. Considering all these aspects, I am of the view that
MACA No.4376 of 2019 4 2024:KER:82392
the Tribunal ought to have given a reasonable compensation under the
head of 'loss of amenities'. In view of the above discussion, it is only
fair and reasonable to award an amount of Rs.25,000/- under the said
head.
9. In the result, the appellant/petitioner is entitled to an
additional compensation of Rs.25,000/- under the head 'loss of
amenities'. The total compensation entitled by the appellant -
petitioner would come to Rs.99,500/- with interest at the rate of
Rs.9% from the date of petition till the date of deposit.
The MACA is disposed of accordingly.
Sd/-
P.KRISHNA KUMAR, JUDGE
dlk 6.11.2024
