Kerala High Court
Radhakrishna Prabhu M.L vs United India Insurance Company Limited on 5 June, 2025
M.A.C.A.No.524 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 5TH DAY OF JUNE 2025 / 15TH JYAISHTA, 1947
MACA NO. 524 OF 2020
AGAINST THE AWARD DATED 08.07.2019 IN OP(MV)NO.2412 OF
2017 ON THE FILE OF THE ADDITIONAL MOTOR ACCIDENTS CLAIMS
TRIBUNAL, ERNAKULAM.
APPELLANT/PETITIONER:
RADHAKRISHNA PRABHU M.L.,
AGED 53 YEARS,
S/O.LAKSHMANA PRABHU.M.R.,
MUKKANJIRATH HOUSE,
KANNAMALY P.O., COCHIN-8.
BY ADVS.
SRI.RAHUL SASI
SMT.NEETHU PREM
RESPONDENT/2ND RESPONDENT:
UNITED INDIA INSURANCE COMPANY LIMITED,
T.P.CELL, 4TH FLOOR, JOS TRUST BUILDING,
CHITTOOR ROAD, NORTH P.O.,
ERNAKULAM, PIN-682 018,
REPRESENTED BY ITS AUTHORISED OFFICER.
BY ADV SMT.DEEPA GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 05.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
M.A.C.A.No.524 of 2020
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C.S.SUDHA, J.
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M.A.C.A.No.524 of 2020
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Dated this the 05th 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.2412/2017 on the file of the Additional Motor Accidents
Claims Tribunal, Ernakulam, (the Tribunal), aggrieved by the
amount of compensation granted by Award dated 08/07/2019. The
respondent herein is the 2nd respondent 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 18/09/2017
at 01:00 p.m., while he was standing on the Chellanam-Fortkochi
road, motorcycle bearing registration No.KL-43/K-1353 ridden
by the 1st respondent in a negligent manner knocked him down as a
result of which he sustained grievous injuries. He claimed a sum
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of ₹12,00,000/- as compensation under various heads.
3. The 1st respondent/rider filed written statement
and contended that the compensation claimed was quite excessive.
4. The 2nd respondent/insurer admitted the existence
of a valid policy for the offending motorcycle. The age, job,
income, nature of injuries and amount claimed under various heads
were disputed. It was also contended that there was no negligence
on the part of the 1st respondent/rider.
5. Before the Tribunal, no oral evidence was
adduced by either side. Exts.A1 to A6 were marked on the side of
the claim petitioner. No documentary evidence was produced by
the respondents. Ext.X1 is the report of the Medical Board.
6. The Tribunal on consideration of the
documentary evidence and after hearing both sides, found
negligence on the part of the 1st respondent/rider of the motorcycle
resulting in the incident and hence awarded an amount of
₹3,70,564/- together with interest @ 8% per annum from the date
of the petition till the date of realisation with proportionate costs.
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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. It is submitted by the learned counsel for the
claim petitioner that the latter is a 50 year old man and therefore
the multiplier that ought to have been taken by the Tribunal was
13. However, 11 was taken as the multiplier, which needs to be
rectified. This submission is not opposed by the learned counsel
for the 2nd respondent/insurer. Therefore, the multiplier shall stand
corrected as 13 instead of 11.
10. The learned counsel for the claim petitioner did
attempt to draw my attention to the compensation awarded under
the other heads and advance an argument that the amounts awarded
are low and it requires to be interfered with. On going through the
records, the nature of injuries and period of hospitalization, I find
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that the compensation granted is just and reasonable and hence I do
not find any reasons for interference.
11. The impugned Award is modified to the
following extent :
Sl. Head of claim Amount Amount Modified in
No. claimed Awarded appeal
by Tribunal
1 Loss of ₹15,000/- ₹1,15,000/- ₹1,15,000/-
earnings (No
modification)
2 Transport to ₹15,000/- ₹10,000/- ₹10,000/-
hospital (No
modification)
3 Extra ₹25,000/- ₹16,000/- ₹16,000/-
nourishment (No
modification)
4 Damage to ₹15,000/- ₹2,000/- ₹2,000/-
clothing (No
modification)
5 Treatment ₹1,25,000/- ₹3,414/- ₹3,414/-
expenses (No
modification)
6 Bystanders ₹27,000/- ₹8,250/- ₹8,250/-
expenses (No
modification)
7 Compensation ₹10,00,000/- ₹75,900/- ₹89,700/-
for continuing (₹11,500/-
permanent x5/100x12x13)
disability
8 Compensation ₹2,00,000/- ₹90,000/- ₹90,000/-
for pain and (No
sufferings modification)
9 Compensation ₹2,00,000/- ₹20,000/- ₹20,000/-
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for loss of (No
amenities and modification)
enjoyment in
life
10 Compensation ₹50,000/- ₹30,000/- ₹30,000/-
for future (No
treatment modification)
expenses
11 Compensation ₹3,00,000/- Nil Nil
for loss of (No
earning power modification)
12 Compensation ₹50,000/- Nil Nil
for (No
disfiguration modification)
Total ₹20,22,000/- ₹3,70,564/- ₹3,84,364/-
In the result, the appeal is allowed by enhancing the
compensation by a further amount of ₹13,800/- (total
compensation ₹3,84,364/-, that is, ₹3,70,564/- granted by the
Tribunal + ₹13,800/- granted in appeal) with interest at the rate of
8% per annum from the date of petition till date of realization and
proportionate costs. The 2nd 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 the amount to the claim petitioner at the
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earliest in accordance with law after making deductions, if any.
Interlocutory applications, if any pending, shall stand
closed.
SD/-
C.S. SUDHA
JUDGE
ak
