Kerala High Court
Honey.C.M vs Farook.S on 11 September, 2024
2024:KER:69323
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
MACA NO. 1018 OF 2013
AGAINST THE AWARD DATED 23.06.2012 IN O.P (MV) NO.1236
OF 2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL
APPELLANT/PETITIONER :-
HONEY.C.M., S/O.MADHU, NARAYANEEYAM,
CHAVARCODE,PARIPALLY P O, NAVAIKULAM
BY ADVS.
SMT.ANEY PAUL
SRI.PHILIP J.VETTICKATTU
RESPONDENTS/RESPONDENTS :-
*1 FAROOK.S., RAZI MANZIL, ANDOORKONAM,
THIRUVANANTHAPURAM-695584
*2 SULAIMAN RAWTHAR
S/.O.HANEEFA RAWTHAR NELLIMOOTTIL VEEDU,
EDAMULAKKAL, VAYAKKAL, KOLLAM-691548
*THE RESPONDENTS 1 AND 2 ARE DELETED FROM THE PARTY
ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER
DATED 13.11.2017 IN I.A.NO.4160 OF 2017.
3 THE BRANCH MANAGER
M/S.UNITED INDIA INSURANCE COMPANY LTD, ASH-HAIR
COMPLEX, PALACE ROAD, ATTINGAL-695101
BY ADV SMT.S.JAYASREE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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2
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JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.1236 of
2004 on the file of the Motor Accidents Claims Tribunal, Attingal.
The respondents herein are the respondents before the tribunal.
2. According to the appellant/claimant, on 27.08.2003 at
about 06.30 pm, while the appellant was travelling the
motorcycle along with his friend, a car bearing Registration
No.KL-02-82 drove by the 2nd respondent in a rash and negligent
manner hit against the motorcycle. As a result of the accident, he
sustained serious injuries. The appellant approached the tribunal
claiming a total compensation of Rs.10,00,000/-
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
the either sides. Exts.A1 to A16 were marked on the side of the
appellant/claimant and no evidence was marked on the side of
the respondents. The tribunal, after analysing the pleadings and
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materials on record, awarded a sum of Rs.60,000/- as
compensation under different heads with interest @ 7.5% 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 appellants claims
enhancement mainly under the following heads;
Income/notional income :- The learned counsel for the
appellant submitted that though an amount of Rs.10,000/- was
claimed by the appellant as his monthly income as a medical
representative, the tribunal has taken only an amount of
Rs.4,500/- as his national monthly income. However, no
evidence has been adduced to prove the monthly income.
Accident occurred in the year 2003. Considering the nature of the
avocation, with slight modification, I re-fix the monthly notional
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income as Rs.5,000/- per month.
Compensation for loss of earning power :- Ext.A11
disability certificate dated 28.05.2005 issued by the doctor, who
treated the appellant, had assessed the permanent disability as
25%. The tribunal did not award any amount for permanent
disability finding that the doctor was not examined. In Ext.A11, it
is stated that the doctor had examined the appellant and
assessed the permanent disability as 25%. However, considering
the fact that Ext.A11 certificate was issued by a single doctor, I
find that the disability can be assessed as 15% for awarding
compensation under the afore head. Accordingly, the
compensation payable under the afore head is calculated thus;
Rs.1,53,000/- (5,000x12x17x15/100). In the award, an amount of
Rs.20,000/- was already awarded by the tribunal towards
compensation for loss of earning power. Thus, there will be an
additional amount of Rs.1,33,000/- under the head
compensation for loss of earning power.
6. Though the appellant claimed enhancement of
compensation under other heads, on a perusal of the records
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available, I am not inclined to interfere with the compensation
awarded by the tribunal under other heads since it appears to be
just and reasonable.
7. Thus, the impugned award of the tribunal is modified as
follows:
Sl.
No Head of Claim Amount Modified in Total
awarded by the appeal compensation
tribunal
1 Compensation for loss of 11,100 Not 11,100
earning modified
2 Transportation to hospital 5,000 Not 5,000
modified
3 Extra nourishment 5,000 Not 5,000
modified
personal articles modified
5 Costs of meidicine 1,15,000 Not 1,15,000
modified
6 Bystander expenses 3,300 Not 3,300
modified
7 Compensation for pain 25,000 Not 25,000
and sufferings modified
8 Compensation for loss 20,000 1,33,000 1,53,000
of earning power
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9 Compensation for loss of 15,000 Not 15,000
future amenities modified
TOTAL 2,00,000 1,33,000 3,33,000
Accordingly, the appeal is allowed in part and the
appellant/claimant is awarded an additional compensation of
Rs.1,33,000/- (Rupees one lakh thirty three thousand only) over
and above the compensation awarded by the tribunal with
interest @ 7% 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,
AADHAAR 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 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
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the appellant at the earliest in accordance with law. However, it is
made clear that the enhanced compensation will not carry
interest for the period of delay of 112 days in filing the appeal.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
SMA
