Kerala High Court
Subramanyan vs Shameeb Nottithodi on 13 November, 2024
MACA NO. 2735 OF 2022
2024:KER:84629
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aIN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
MACA NO. 2735 OF 2022
AGAINST THE ORDER/JUDGMENT DATED 09.08.2021 IN OP(MV)
NO.305 OF 2019 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI
APPELLANT/PETITIONER:
SUBRAMANYAN
AGED 55 YEARS, S/O.KUTTAN,
AMBAZHATHODI HOUSE,MAILADI, ERANHIMANGAD PO,
NILAMBUR TALUK, MALAPPURAM DISTRICT., PIN -
679329
BY ADVS.
K.M.SATHYANATHA MENON
P.ARUN KUMAR (MONCOMPU)
RESPONDENTS/RESPONDENTS:
1 SHAMEEB NOTTITHODI
S/O MOHAMMED N.T, NOTTITHODI HOUSE, MANJERI P.O ,
ERANAD TALUK, MALAPPURAM DISTRICT., PIN - 676121
2 K.P. ALAVI
S/O ALAVI, KUZHIPARAMBIL HOUSE, THADATHIKUZHI,
MELAKKAM, KARUVAMBRAM P.O, MANJERI, ERNAD TALUK,
MALAPPURAM DISTRICT., PIN - 676123
3 THE ORIENTAL INSURANCE COMPANY
REPRESENTED BY MANAGER, DIVISIONAL OFFICE, 2ND
FLOOR, RAJARAM BUILDING, OPPOSITE NEW BUS STAND,
VATAKARA P.O, KOZHIKODE DISTRICT., PIN - 673101
MACA NO. 2735 OF 2022
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BY ADV R.GIREESH VARMA
OTHER PRESENT:
SC- K.S SANTHI
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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P.V.BALAKRISHNAN, J.
---------------------
M.A.C.A.No.2735 of 2022
------------------------------
Dated this the 13th day of November, 2024
JUDGMENT
This appeal is filed by the claimant in OP(MV)
No.305/2019 challenging the inadequacy of compensation
awarded by the Motor Accidents Claims Tribunal, Manjeri.
2. The appellant sustained injuries in a road traffic
accident, which took place on 09.09.2018. While the
appellant was riding a motor cycle bearing registration
No.KL-10-AH-1936, a car bearing registration No.KL-10/AF-
9366 driven by the 1st respondent in a rash and negligent
manner hit the motor cycle ridden by the appellant. The 2 nd
respondent is the owner of the vehicle and the vehicle is
validly covered by an insurance policy issued by the 3 rd
respondent.
3. The appellant was aged 51 at the time of
accident and he claims to be a rubber tapper earning
Rs.1,000/- per day. The appellant sustained right fronto
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temporal EDH, right basal ganglia contusion, left temporal
contusion, high parietal cortical SAH, right temporal bone
fracture, right sub conjunctival haemorrhage, right lateral
wall of orbit fracture in the accident and he was treated by
FTP craniotomy and evacuation on EDH under General
Anaesthesia. The Medical Board, as per Ext.X1 certificate,
assessed the permanent partial disability of the appellant
as 13% and the same was accepted by the Tribunal.
4. The appellant is mainly challenging the quantum
of compensation awarded under the different heads by the
Tribunal. According to the learned counsel for the appellant,
the amount awarded under the head of pain and sufferings,
loss of earnings, transportation to the hospital and
bystander expenses are all on a lower side. She also argued
that the Tribunal erred in not awarding any amount under
the head of loss of amenities.
5. Per contra, the learned counsel for the 3rd
respondent contended that the compensation awarded by
the Tribunal under various heads are just and reasonable
and no interference is required.
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6. Heard both sides.
7. The award passed by the Tribunal would go to
show that an amount of Rs.35,000/- has only been awarded
under the head of pain and sufferings. Considering the
nature of injuries sustained by the appellant as stated
afore, his age and period of treatment as evidenced by
Ext.A4, I am of view that the same is on lower side and it
has to be enhanced to Rs.70,000/-. If so, the appellant will
be entitled to an additional compensation of Rs.35,000/-
under this head. Coming to loss of earnings, it can be seen
that the Tribunal has awarded loss of earnings for a period
of five months, which is reasonable and just and hence, no
interference is required with the same. Coming to the
compensation awarded under the head of transport to
hospital, it is to be seen that the appellant has visited the
hospital, which is situated in Perinthalmanna from his
residence at Nilambur, on five occasions for review. If so , I
am of the view that the compensation awarded under the
head of transport to hospital can also be enhanced to
Rs.6,000/- (Rs.1000x6). Hence, the appellant will be entitled
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to an additional compensation of Rs.3,000/- under this
head. Similarly coming to bystander expenses, I am of the
view that the amount can be calculated by taking a rate of
Rs.500/- per day. If the amount is so calculated, the
appellant will be entitled to a sum of Rs.6,000/- (Rs.500x12)
under the head of bystanders expenses. Thus, the appellant
will be entitled to an additional sum of Rs.1,200/- under
this head. The impugned award also shows that no amount
has been awarded by the Tribunal under head of loss of
amenities. Considering the nature of injuries sustained by
the appellant, the period of treatment and his age etc., I am
of the view that some amount has to be awarded under this
head also. Hence, I award an amount of Rs.40,000/- under
this head. Ergo, in total, the appellant will be entitled to an
additional compensation of Rs.79,200/- (Rupees Seventy
Nine Thousand Two Hundred only) with interest at the rate
of 9% per annum from the date of petition till the date of
deposit.
In the result, this MACA is allowed in part as
follows:-
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(i) The appellant is awarded an additional
compensation of Rs.79,200/- (Rupees Seventy
Nine Thousand Two Hundred only) with 9%
interest per annum from the date of petition till
the date of deposit and proportionate costs. It is
made clear that interest shall be calculated
excluding 69 days, which is the period of delay in
filing this appeal.
(ii) The 3rd respondent shall deposit the afore
amount before the Motor Accidents Claims
Tribunal, Manjeri within a period of three months
from the date of receipt of a copy of this
judgment.
(iii) On such deposit, the Tribunal shall, after
deducting the requisite court fee, disburse the
balance amount to the appellant.
Sd/-
P.V.BALAKRISHNAN
JUDGE
bng
