Kerala High Court
Geetha Ashokan vs Praveen Kumar on 23 September, 2024
MACA NO. 275 OF 2021
2024:KER:70782
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 23RD DAY OF SEPTEMBER 2024 / 1ST ASWINA, 1946
MACA NO. 275 OF 2021
AGAINST THE ORDER/JUDGMENT DATED 08.07.2020 IN OPMV
NO.789 OF 2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,
IRINJALAKUDA
APPELLANT:
GEETHA ASHOKAN
AGED 53 YEARS
W/O. ASHOKAN, VALAKKADAVIL HOUSE (VADALKUTT
HOUSE), MAMBILLY TEMPLE ROAD, URAKAM DESOM,
ARATTUPUZHA VILLAGE, URAKAM P.O,
THRISSUR DISTRICT PIN 680 562
BY ADV V.BINOY RAM
RESPONDENTS:
1 PRAVEEN KUMAR
S/O. BHASKARAN, CHILLlAYIMADATHIL PARAMBIL HOUSE,
VENNUR DESOM, ALATHUR P.O, THRISSUR DISTRICT ,
PIN 680 587
2 MR. V.P ROY,
S/O. POULOSE, VAROCKY HOUSE, CHELOOR DESOM,
IRINJALAKUDA P.O, THRISSUR DISTRICT PIN 680 121
3 NATIONAL INSURANCE COMPANY LTD,
BRANCH OFFICE, MALIYEKKAL BUILDING, MAIN ROAD,
IRINJALAKUDA P.O, THRISSUR DISTRICT, PIN 680 121
REPRESENTED BY THE BRANCH MANAGER
BY ADV K.S.SANTHI
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 23.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
MACA NO. 275 OF 2021
2
2024:KER:70782
JUDGMENT
The claimant in OP (MV) No. 789/2017 has come
up with the present appeal. On 24.11.2016 while the
petitioner/claimant riding a motorcycle bearing
registration No. KL-08-AS-1196 through Irinjalakuda -
Thrissur public road, when she reached near
Irinjalakuda Juma Masjid, another vehicle bearing
registration No. KL-08-AF-9599 driven by the 2 nd
respondent came in a rash and negligent manner and
hit the petitioner's motor cycle, as a result of which the
petitioner/claimant sustained injury. The insurance
company entered appearance and filed a written
statement denying the the claim. On behalf of the
claimant, Exts.A1 to A14 were produced and marked.
No oral evidence was adduced on behalf of either
parties. On the basis of the documents and pleadings
on record, the Tribunal granted the following
compensation:-
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2024:KER:70782
Sl. Head of Claim Amount Amount Basis Vital
No Claimed Awarded details in a
(Rs) (Rs.) nut shell
01 Loss of earnings 90,000 32,000
02 Transportation 20,000 5000
expenses
03 Damage to clothing 20,000 2,000
04 Extra nourishment 20,000 2,000
05 Medical expenses 2,50,000 4,051
06 Bystander's 50,000 4,200
expenses
07 Pain and suffering 1,00,000 80,000
08 Permanent disability 2,00,000 1,12,320 (Rs.8,000x9/
and loss of earning 100x12x13)
power
09 Loss of amenities 1,00,000 40,000
10 Future medical 50,000 Nil
expenses
Total Rs.9,00,00 Rs. It is rounded
0/-is 2,81,571/ off to Rs.
limited to - 2,81,600/-
Rs.6,00,00 along with
0/- interest @8%
p.a. from
23.06.2017
till
realization.
Aggrieved by the non granting of compensation under
various heads, the claimant has approached this Court
with the present appeal.
2. I have heard Sri. Stalin Joy, learned counsel
appearing for the appellant and Smt. K.S Santhi,
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2024:KER:70782
learned standing counsel appearing for the 3 rd
respondent insurance company.
3. The learned counsel appearing for the
appellant contented that the notional income fixed by
the Tribunal at Rs. 8,000/- is incorrect, going by the
principles laid down by the Supreme Court in
Ramachandrappa v Royal Sundaram Alliance
Insurance Company Ltd. [AIR 2011 SC 2951]. He
further contented that the disability fixed under
Ext.A11 certificate was 17.58% and the Tribunal has
taken only 9% of disability which is incorrect. He also
further raised for an enhancement of the compensation
under non conventional heads.
4. On the other hand, Smt. K.S Santhi, learned
standing counsel appearing for the Insurance company
contented that there is no evidence on behalf of the
claimant to prove that the claimant had suffered any
loss through the accident. The disability certificate
produced by the claimant was not sufficiently proved by
examining the doctor who has issued the same.
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Therefore, the Tribunal had rightly taken the disability
at 9%. Hence she prayed for the dismissal of the
appeal.
5. I have considered the rival submissions
raised across the Bar.
6. The Tribunal has fixed the notional income of
the claimant at Rs. 8,000/-. Going by the principles laid
down by Ramachandrappa v Royal Sundaram
Alliance Insurance Company Ltd. [AIR 2011 SC
2951], the Tribunal ought to have fixed the notional
income of the claimant at Rs. 10,500/-. In so far as the
awarding of the compensation under the head loss of
earning, this Court is of the considered view that 6
months can be taken as the loss of earning of the
claimant due to the accident. Similarly the claimant
was hospitalized for 14 days, the Tribunal has awarded
only Rs. 300/- per day for the bystander expenses. This
Court is of the considered view that the appellant can
be awarded Rs. 500/- per day as the bystander
expenses. Though, the learned counsel for the
MACA NO. 275 OF 2021
2024:KER:70782
appellant claimed for enhancement under the head
pain and suffering, perusal of the award shows that the
appellant had claimed an amount of Rs. 1,00,000/- and
Rs. 80,000/- was granted by the Tribunal and hence,
this Court is of the considered view that the claimant is
not entitled to further enhancement under the said
head. Having said so, this Court also finds that under
the head loss of amenities, Rs. 1,00,000/- was sought
for and only Rs. 40,000/- was granted. The appellant is
thus entitled for a nominal enhancement under the
aforesaid head.
7. On a consideration of the entire facts and
circumstances, this Court finds that the appellant is
entitled to succeed and the appeal is liable to be
allowed. It is declared that, the appellant is thus,
entitled for an enhancement of compensation as
follows. The notional income of the appellant is taken
as Rs.10,500/- instead of Rs. 8,000/- and the following
enhancement is granted.
MACA NO. 275 OF 2021
2024:KER:70782
Sl. Head of Claim Amount Amount Enhanced by
No Claimed Awarded the Court
(Rs) (Rs.) (Rs.)
01 Loss of earnings 90,000 32,000 31,000
(10,500x6
=63000-
32000)
02 Transportation 20,000 5000
expenses
03 Damage to clothing 20,000 2,000
04 Extra nourishment 20,000 2,000
05 Medical expenses 2,50,000 4,051
06 Bystander's 50,000 4,200 2,800
expenses (500x14=70
00-4200)
07 Pain and suffering 1,00,000 80,000
08 Permanent disability 2,00,000 1,12,320 35,100
and loss of earning (10500x9x12
power x13 /100=
1,47,420-
1,12,320)
09 Loss of amenities 1,00,000 40,000 10,000
10 Future medical 50,000 Nil
expenses
Total Rs.9,00,000/ Rs. Rs.78,900/-
-is limited to 2,81,571/
Rs.6,00,000/ -
-
Thus a total amount of Rs.78,900/- is ordered as
enhancement compensation. The above said amount
shall carry interest at 8% from the date of the
application till realization with proportionate costs on
the enhanced compensation. The Insurance Company
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shall deposit the enhanced compensation together with
interest and proportionate costs within a period of one
month 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. No
order as to costs.
Sd/-
EASWARAN S.
JUDGE
ASH
