Kerala High Court
Rathnakumari vs Muhammed Ajmal. P on 13 November, 2024
MACA NO. 3011 OF 2022
2024:KER:84547
1
IN 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. 3011 OF 2022
AGAINST THE ORDER/JUDGMENT DATED 21.03.2022 IN OP(MV)
NO.1255 OF 2019 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI
APPELLANT/PETITIONER:
RATHNAKUMARI
AGED 66 YEARS
W/O. GOPALAN, KALARIKKAL VEEDU, MANNATHIPOYIL PO,
POOKKOTTUMPADAM, NILAMBUR TALUK, MALAPPURAM
DISTRICT., PIN - 679332
BY ADVS.
K.M.SATHYANATHA MENON
P.ARUN KUMAR (MONCOMPU)
RESPONDENTS/RESPONDENTS:
1 MUHAMMED AJMAL. P
S/O HANEEFA, PALAPRA VEEDU, PONNAMKALLU,
CHULLIYODE PO, NILAMBUR TALUK, MALAPPURAM
DISTRICT., PIN - 679332
2 THASLEED
ALAVIKUTTY, NECHIYAN HOUSE, KATTIKKAL, MOOTHEDAM
PO, MALAPPURAM DISTRICT., PIN - 679331
3 UNITED INDIA INSURANCE COMPANY
REPRESENTED BY MANAGER, AM BUILDING, HOSPITAL
ROAD, CHETTIYANGADI, NILAMBUR PO, MALAPPURAM
DISTRICT., PIN - 679329
BY ADV P.K.MANOJKUMAR, SC
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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2
P.V.BALAKRISHNAN, J.
---------------------
M.A.C.A.No.3011 of 2022
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Dated this the 13th day of November, 2024
JUDGMENT
This appeal is filed by the claimant in OP(MV)
No.1255/2019 challenging the inadequacy of compensation
awarded by the Motor Accidents Claims Tribunal, Manjeri.
2. The appellant sustained grievous injuries on
19.06.2019 when she was hit by a motor cycle bearing
registration No.KL-10/AC-2116 ridden by the 1 st respondent in
a rash and negligent manner. The 2 nd respondent is the
owner of the vehicle and the vehicle is validly covered by an
insurance policy issued by the 3rd respondent.
3. The learned counsel for the appellant contended
that the compensation awarded by the Tribunal under the
head of pain and sufferings, loss of earnings, transport to the
hospital and bystander expenses are all on a lower side. She
argued that the Tribunal also erred in not awarding any
compensation for loss of amenities.
4. On other hand, the learned counsel for the 3 rd
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respondent submitted that no interference is required with
the quantum of compensation awarded by the Tribunal under
each heads since, the same are just and reasonable.
5. Heard both sides.
6. The materials on record shows that the appellant
had sustained fracture neck of femur with fracture Greater
Tuberocity right, tenderness right wrist, abrasions right side
of hip and elbow, in the accident. As per Ext.X1 disability
certificate, the appellant is assessed to have suffering 27%
permanent partial disability, which is accepted by the
Tribunal. It is not in dispute that the appellant was aged 63
years at the time of accident and that the multiplier to be
adopted is 7.
7. Now, coming to the compensation awarded by the
Tribunal under the head of pain and sufferings, I am of the
view that Rs.60,000/- thus awarded by the Tribunal is just
and reasonable, considering the injuries sustained by the
appellant. Coming to the compensation under the head of
loss of earnings, I am of view that, the same can be
computed for a period of six months, instead of five months
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taken by the Tribunal. If so under this head, the appellant will
be entitled to an additional compensation of Rs.12,000/-.
Coming to compensation under the head of transportation,
the Tribunal had granted Rs.300/- for each visit made by the
appellant to the hospital. I am of the view that the same is
little bit on a lower side and the amount can be enhanced to
Rs.500/- per visit. If so, the compensation under this head will
come to Rs.14,000/- (Rs.500x28) and the appellant will be
entitled to an additional sum of Rs.5,600/- under this head.
Coming to bystander expenses, again I am of the view that,
instead of Rs.400/- taken as expenses for a day, Rs.500/- can
be taken and if so, the amount derived will be Rs.9,000/-
(Rs.500x18). Thus, the appellant will be entitled to an
additional compensation of Rs.1,800/- under this head. The
impugned award also shows that the Tribunal has not
awarded any amount under the head of loss of amenities.
Considering the nature of injuries sustained by the appellant,
the period of treatment, the disability and her age, I am of
the view that an amount of Rs.40,000/- can be granted under
this head. Therefore, in total, the appellant will be entitled to
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an additional compensation of Rs.59,400/- (Rupees Fifty Nine
Thousand Four 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:-
(i) The appellant is awarded an additional
compensation of Rs.59,400/- (Rupees Fifty Nine
Thousand Four Hundred only) with 9% interest per
annum from the date of petition till the date of
deposit and proportionate costs. But the appellant
will not be entitled for interest for a period of 48
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 two 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
