Kerala High Court
Chegov C.B vs Bareed on 2 June, 2025
M.A.C.A.No.464 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
MONDAY, THE 2ND DAY OF JUNE 2025 / 12TH JYAISHTA, 1947
MACA NO. 464 OF 2020
AGAINST THE AWARD DATED 05.02.2019 IN OP(MV)NO.11 OF
2016 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM.
APPELLANT/PETITIONER:
SRI.CHEGOV C.B,
AGED 33 YEARS,
SON OF SRI. CHANDRA BOSE, CHETTIKKAD HOUSE,
M.L.A. ROAD, PALLURUTHY, KOCHI-682 006,
ERNAKULAM DISTRICT.
BY ADVS.
SRI.ANIL S.RAJ
SMT.K.N.RAJANI
SMT.RADHIKA RAJASEKHARAN P.
SMT.ANILA PETER
SMT.C.PRABITHA
SHRI.S.SUDHEESH
SRI.SAJEN THAMPAN
RESPONDENTS/RESPONDENTS:
1 BAREED,
SON OF SRI. SAMUEL, 36/378, PUTHENVEETTIL HOUSE,
KATHRIKADAVU, KALOOR P.O., KOCHI-682 017.
2 SAGEER N.B.
SON OF SRI. BADARUDHEEN, H.NO.21/1542-A, PALLURUTHY,
PALLURUTHY P.O., KOCHI-682 006.
3 THE NATIONAL INSURANCE COMPANY LIMITED,
REPRESENTED BY ITS MANAGER,
DIVISIONAL OFFICE, AJAY VIHAR,
M.G.ROAD P.O., KOCHI-682 016.
M.A.C.A.No.464 of 2020
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BY ADV SMT.PREETHY R. NAIR, SC, NATIONAL INSURANCE
CO.LTD.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 02.06.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.No.464 of 2020
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C.S.SUDHA, J.
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M.A.C.A.No.464 of 2020
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Dated this the 02nd day of June 2025
JUDGMENT
This appeal under Section 173 of the Motor Vehicles Act,
1988 (the Act) has been filed by the claim petitioner in O.P.(MV)
No.11/2016 on the file of the Motor Accidents Claims Tribunal,
Ernakulam, (the Tribunal), aggrieved by the amount of compensation
granted by Award dated 05/02/2019. The respondents herein are the
respondents in the petition. In this appeal, the parties and the
documents will be referred to as described in the original petition.
2. According to the claim petitioner, on 03/11/2015 at
08:15 p.m. while he was riding motorcycle bearing registration
No.KL 7 AE 4662 through the Edakochi-Thoppumpady road and
when he reached the place by name Rameswaram near Syriain church,
motorcycle bearing registration No.KL7 BJ 3267 coming from the
opposite side ridden by the 2nd respondent in a rash and negligent
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manner collided with his motorcycle, as a result of which he fell down
and sustained multiple injuries.
3. The 1st respondent/owner and the 2nd
respondent/rider remained ex parte.
4. The 3rd respondent/insurance company filed written
statement denying negligence on the part of the 2nd respondent. The
age, occupation and income of the claim petitioner were disputed. It
was also contended that the claim made was excessive and exorbitant.
5. Before the Tribunal, no oral evidence was adduced
by either side. Exts.A1 to A9 were marked on the side of the claim
petitioner. No documentary evidence was produced by the
respondents. X1 is the disability certificate issued from the Govt.
T.D.Medical College Hospital, Alappuzha.
6. The Tribunal on a consideration of the documentary
evidence and after hearing both sides, found negligence on the part of
the 2nd respondent/driver of the motorcycle resulting in the incident
and hence awarded an amount of ₹5,87,200/- together with interest @
9% per annum from the date of the petition till realisation along with
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proportionate costs. Aggrieved by the Award, the claim petitioner has
come up in appeal.
7. The only point that arises for consideration in this
appeal is whether there is any infirmity in the findings of the Tribunal
calling for an interference by this Court.
8. Heard both sides.
9. The award of compensation by the Tribunal under
the following heads are challenged by the claim petitioner.
Bystander expenses
An amount of ₹40,000/- was claimed. The Tribunal granted
an amount of ₹3,000/-, that is, at the rate of ₹250/- x 12 days. The
learned counsel for the claim petitioner submits that this is on the
lower side and that the bystander expenses needs to be reasonably
enhanced. Per contra, it was submitted by the learned counsel for the
3rd respondent/insurer that the incident occurred in the year 2015 and
therefore, the bystander expenses of ₹250/- is more than reasonable.
It is seen that pursuant to the incident the claim petitioner
was hospitalized for a period of 12 days. In the facts and
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circumstances of the case, I find that bystander expenses at the rate of
₹300/- can be given for a period of 12 days (₹300/- x 12 =3600/-).
Compensation for Pain and Sufferings
An amount of ₹1,00,000/- was claimed. The Tribunal granted
an amount of ₹60,000/-. This again is pointed out to be on the lower
side.
Ext.A2 is the wound certificate. Ext.A4 discharge summary
reveals that following injuries were sustained by the claim petitioner.
"left parietal sub scalp hematoma and severe head injury. CT
scan of brain reveals left temporoparietal extra axial bleed
with midline shift to right side. Left temporal bone
undisplaced fracture."
In the light of the injuries sustained which includes a fracture also, I
find that an amount of ₹70,000/- towards 'pain and sufferings' would
be just compensation.
Compensation for loss of amenities and comforts
An amount of ₹1,00,000/- was claimed. The Tribunal granted
an amount of ₹50,000/- which again is challenged to be on the lower
side. Here again, taking into account the age of the claim petitioner as
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well as the injuries sustained, I find that an amount of ₹60,000/-
would be reasonable compensation.
10. The impugned Award is modified to the following
extent :
Sl. Head of claim Amount Amount Modified in
No. claimed Awarded by appeal
Tribunal
1 Compensation ₹60,000/- ₹54,000/- ₹54,000/-
for loss of (No
earnings modification)
earnings (No
modification)
3 Transport to ₹20,000/- ₹3,000/- ₹3,000/-
hospital and (No
back to home modification)
4 Extra ₹5,000/- ₹10,000/- ₹10,000/-
nourishment (No
modification)
5 Damage to ₹5,000/- ₹1,000/- ₹1,000/-
clothes and (No
articles modification)
6 Bystander ₹40,000/- ₹3,000/- ₹3600/-
Expenses (₹300/- x 12)
7 Treatment ₹4,00,000/- ₹2,22,600/- ₹2,22,600/-
Expenses (No
modification)
8 Compensation ₹1,00,000/- ₹60,000/- ₹70,000/-
for pain and
sufferings
for loss of (No
earning power modification)
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10 Compensation ₹3,00,000/- ₹1,83,600/- ₹1,83,600/-
for disability (No
modification)
treatment (No
expenses modification)
for future (No
prospects modification)
13 Compensation ₹1,00,000/- ₹50,000/- ₹60,000/-
for loss of
amenities and
comforts
Total ₹14,75,000/- ₹5,87,200/- ₹6,07,800/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹20,600/- (total compensation
₹6,07,800/-, that is, ₹5,87,200/- granted by the Tribunal + ₹20,600/-
granted in appeal) with interest at the rate of 8% per annum from the
date of petition till date of realization (excluding the period of 180
days delay in filing the appeal) and proportionate costs. The 3 rd
respondent/insurance company is directed to deposit the
compensation with interest and costs before the Tribunal within a
period of 60 days from the date of receipt of a copy of the judgment.
On deposit of the compensation amount, the Tribunal shall disburse
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the amount to the claim petitioner at the earliest in accordance with
law after making deductions, if any.
Interlocutory applications, if any pending, shall stand closed.
SD/-
C.S. SUDHA
JUDGE
ak
