Kerala High Court
Irshad Ahammed @ Irshad vs P.Aboobacker on 25 September, 2024
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MACA NO. 1622 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
MACA NO. 1622 OF 2021
AGAINST THE AWARD DATED 16.10.2020 IN OP(MV) NO.349 OF
2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL , MANJERI
APPELLANT/PETITIONER:
IRSHAD AHAMMED @ IRSHAD
24 YEARS,
S/O.ALAVI, KALLAN HOUSE,
AREEKULAM, VENGARA POST,
VENGARA, AMSOM, DESOM,
TIRURANGADI TALUK,
MALAPPURAM DISTRICT - 676 304.
BY ADV JOSEPH SEBASTIAN PURAYIDAM
RESPONDENTS/RESPONDENTS:
1 P.ABOOBACKER
47 YEARS,
S/O.ABDURAHIMAN, NATHALAKUNNU HOUSE,
TRIKKALANGODE POST, KARUVAMBRAM (VIA),
MALAPPURAM DISTRICT - 676 123 (DRIVER).
2 SHARAFAS KHAN
S/O.RUKHIYA, KARAPPANCHERI HOUSE,
ANAKOTTUPURAM, TRIKKALANGODE POST,
KARUVAMBRAM (VIA),
MALAPPURAM DISTRICT - 676123. (OWNER)
3 ORIENTAL INSURANCE COMPANY LIMITED
DIVISIONAL OFFICE, JASEELA COMPLEX,
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MACA NO. 1622 OF 2021
2
NILAMBUR ROAD, MANJERI POST,
MALAPPURAM DISTRICT - 676 121,
REPRESENTED BY ITS DIVISIONAL MANAGER (INSURER).
BY ADVS.
JOMY GEORGE-R3
R.PADMARAJ
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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MACA NO. 1622 OF 2021
3
JUDGMENT
The claimant in OP(MV).No.349/2018 on the file of the Motor
Accidents Claims Tribunal, Manjery is the appellant.
2. The brief facts of the case are as follows:- on 15.07.2016,
when the appellant was traveling in a bus driven by the 1st
respondent in a rash and negligent manner, one of its rear wheels
busted, and due to the heavy impact, its platform was broken and a
piece of platform hit on the appellant's right eye, which caused
grievous injury to his right eye. The Insurance Company appeared
and contested the claim, disputing the income claimed by the
appellant, injuries sustained by him, and also the age of the claimant.
Exts. A1 to A9 and Ext.X1 were marked on the side of the claimant.
Based on the evidence on record, the Tribunal granted the following
compensation:-
S.No Head of Claim Amount Amount Remarks
Claimed Awarded
1 Loss of earnings 1,00,000/- Nil
2 Transport to Hospital 50,000/- 10,000/-
3 Extra nourishment 20,000/- 6,000/- 3 x2000
Damage to clothing & 10,000/- 2,000/-
articles
5 By stander expenses 20,000/- 4,000/- 500x 8
6 Medical expenses 1,00,000/- 27,893/-
7 Compensation for pain 50,000/- 90,000/-
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& suffering
8 Compensation for 13,00,000/- 6,80,400/- 37800 X18
permanent disability &
loss of earning power
9 Compensation for loss 1,00,000/- 90,000/-
of amenities
10 Future treatment 50,000/- Nil
11 Disfigurement Nil 25,000/-
Rs.9,35,293/- (rounded to
Total Rs.18,00,000/- Rs.9,35,300/-
3. Aggrieved by the grant of compensation not as claimed in
the application, the claimant has come up before this Court.
4. I have heard Sri.Joseph Sebastian Purayuidam, the
learned counsel appearing for the appellant and Sri. Jomy George, the
learned counsel appearing for the Insurance Company.
5. The learned counsel for the appellant submitted that the
notional income fixed by the Tribunal in respect of a student
undergoing graduation course in BA Arabic was not correct. The
income fixed by the Tribunal going by the principles laid down by the
Supreme Court in Ramachandrappa Vs. The Manager, Royal
Sundaram Alliance Insurance Company Limited (AIR 2011 SC
2951) was Rs.10,500/-, which was applicable to a coolie worker. In
the case of a student undergoing a graduation course in Arabic, the
notional income ought to have been fixed on a higher scale. Similarly,
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MACA NO. 1622 OF 2021
the Tribunal also has not considered the grant of future prospects in
the light of the nature of injury caused to the claimant.
6. On the other hand, the learned counsel appearing for the
Insurance Company supported the findings rendered by the Tribunal
and contended that the Tribunal has awarded just and proper
compensation and it does not interfere by this Court in exercise of its
appellate powers.
7. I have considered the rival submissions raised across the
Bar.
8. Admittedly, the claimant was a student. The prospects of
a student undergoing graduation course in BA Arabic have been
thoroughly lost sight of by the Tribunal while fixing the notional
income. It is true that there is no evidence to show that the claimant
would have earned a particular income on completion of the
graduation course. However, that by itself should not deter the
Tribunal while considering an application for compensation in terms
of provisions contained under Section 166 of the Motor Vehicles Act.
Accordingly, this Court finds that the fixing of the notional income at
Rs.10,500/- requires to be interfered upto a reasonable stage. Hence,
this Court deems it appropriate to fix the notional income at
Rs.13,500/-.
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9. The next question to be considered is as to whether the
claimant is entitled to any future prospects. The Hon'ble Supreme
Court in Sidram v. The Divisional Manager, United India
Insurance Co. Ltd. & Another [(2023) 3 SCC 439] held that the
claim for future prospects need not be confined to the case of death
alone and in case of injury, appropriately, the courts or the Tribunal
can certainly grant the future prospects to the claimant. Following
the said principles, this Court finds that the appellant is entitled for
fixing of future prospects at 15%.
10. In the result, the appeal is allowed. The appellant is
entitled to have enhanced compensations as follows:-
S.No Head of Claim Amount Amount Enhanced
Claimed Awarded compensation
(in (in Rupees)
Rupees)
1 Loss of earnings 1,00,000/- Nil
2 Transport to 50,000/- 10,000/-
Hospital
3 Extra nourishment 20,000/- 6,000/-
Damage to clothing 10,000/- 2,000/-
& articles
5 By stander 20,000/- 4,000/-
expenses
6 Medical expenses 1,00,000/- 27,893/-
7 Compensation for 50,000/- 90,000/-
pain & suffering
8 Compensation for 13,00,000/- 6,80,400/- 15525x12x18x30/
permanent 100=1006020
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disability & loss of -680400
earning power =325620
9 Compensation for 1,00,000/- 90,000/-
loss of amenities
10 Future treatment 50,000/- Nil
11 Disfigurement Nil 25,000/-
935293/- =325620
Total (rounded
to
9,35,300/-
The appellant is entitled to get an enhanced compensation
of Rs.3,25,620/- (Rupees Three Lakhs Twenty Five Thousand Six
Hundred and Twenty only). The amount shall carry interest @ 9%
from 25.04.2018 till realization with proportionate costs. The
Insurance Company 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.
Sd/-
EASWARAN S.
JUDGE
SPV
