Kerala High Court
Balakrishnan P.K vs Muhammed Ashique on 7 March, 2025
2025:KER:21614
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 7TH DAY OF MARCH 2025 / 16TH PHALGUNA, 1946
MACA NO. 1029 OF 2021
AGAINST THE AWARD DATED 17.10.2019 IN OPMV NO.576 OF
2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, TALIPARAMBA
APPELLANT/PETITIONER:
BALAKRISHNAN P.K.
AGED 61 YEARS
S/O.KUNHUKUNHU, PINAMUNDAYIL, BALAPURAM,
VAYATTUPARAMBA P.O., KANNUR - 670 582.
BY ADVS.
B.MOHANLAL
SHRI.SANTHOSH A.K.
RESPONDENTS/RESPONDENTS:
1 MUHAMMED ASHIQUE
AGED 25 YEARS
S/O.MOIDEEN KUTTY, ANAZ MANZIL, MARATHAKKAD,
KUPPAM P.O., KANNUR - 670 502.
2 IBRAHIMKUTTY K.P.
AGED 32 YEARS
S/O.SIDDIQUE, BAITH UL HAMDE, KUPPAM, KUPPAM
P.O., KANNUR - 670 502.
3 NEW INDIA ASSURANCE CO.LTD.
1ST FLOOR, SHAKTHI ARCADE, OPP. CLASSIC THEATRE,
POOKOTHNADA, TALIPARAMBA P.O., KANNUR - 670 141,
REPRESENTED BY THE BRANCH MANAGER.
BY ADVS.
P.JACOB MATHEW
MATHEWS JACOB (SR.)
K.S.SANTHI
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 07.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA No.1029/2021
2
2025:KER:21614
EASWARAN S., J.
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MACA No.1029 of 2021
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Dated this the 7th day of March, 2025
JUDGMENT
The appeal arises against the award passed by the Motor
Accidents Claim Tribunal, Taliparamba in OP(MV)No.576 of 2018.
2. The brief facts necessary for the disposal of the appeal
are as follows:
The claimant/appellant, claiming to be a Building Contractor,
met with an accident on 13.11.2017 at about 2.30 PM, while he
was riding a scooter bearing Reg.No.KL-59-K-5226 through Poovam
to Vayattuparamba and when the vehicle reached Elamberampara
Petrol Pump in Kooveri Amson, a car bearing Reg.No.KL-14-L-6531
came in a rash and negligent manner and hit against the scooter.
The claimant was initially treated at Taliparamba Co-operative
Hospital and thereafter taken to Tejasvini Hospital, Mangalore for
higher management. The claimant/appellant contended that he
was drawing a monthly income of Rs.50,000/-, which was not
proved through any documentary evidence. In the nature of
injuries suffered by the appellant, apparently no permanent
disability was incurred by him and therefore, the Tribunal
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proceeded to consider the claim based on the injuries sustained by
him. In support of his contention, Exts.A1 to A9 documents were
marked. No oral or documentary evidence were adduced on the
side of the Insurance Company. The Tribunal, on appreciation of
evidence, fixed the notional income of the claimant/appellant at
Rs.8,000/- and granted the following compensation:
SL. Head of Claim Amount Amount Basis/vital
No. claimed awarded details in a
(in Rupees) (in Rupees) nutshell
1 Loss of earnings 5,00,000/- 48,000/- (Rs.8000x6)
2 Partial loss of earning -- --
3 Transportation charges 30,000/- 47,500/- (Ext.A7 series)
4 Extra Nourishment 30,000/- 3,000/-
5 Damage to clothing & 5,000/- 2,000/-
articles
6 Medical Expenses 5,00,000/- 2,16,850/- Ext.A6 series
7 Future treatment expenses -- --
8 Bystander's expenses -- 16,800/- (Rs.600x28)
9 Pain and sufferings 2,00,000/- 50,000/-
10 Compensation for loss of -- 25,000/-
amenities
11 Compensation continuing 5,00,000/- --
or permanent disability
12 Compensation loss of -- --
earning power
Total 17,65,000/- 4,09,150/-
3. Aggrieved by the insufficiency in the grant of
compensation, the claimant/appellant has approached this Court in
the present appeal.
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4. Heard, Sri.B.Mohan Lal - learned counsel appearing on
behalf of the appellant and Smt.K.S.Santhi - learned counsel
appearing for the Insurance Company.
5. In MACA No.1034 of 2021 arising out of the connected
OP(MV), this Court has fixed the notional income of the claimant
therein at Rs.17,325/-. Therefore, following the same, in this case
also the income of the appellant is fixed at Rs.17,325/-.
6. Under the conventional heads also, this Court finds that
the appellant is entitled for a reasonable enhancement.
In the result, the appeal is allowed. The appellant is entitled
for enhanced compensation as follows:
Heads Amount awarded Total Enhanced amount
by the Tribunal compensation of compensation
awarded in
appeal
Notional income of the appellant is fixed at Rs.17,325/-
Loss of earnings 48,000/- 1,03,950/- 55,950/-
[17325x6] [103950-48000]
Extra nourishment 3,000/- 8,000/- 5,000/-
[8000-3000]
Bystander's 16,800/- 21,000/- 4,200/-
expenses [750x28] [21000-16800]
Pain and sufferings 50,000/- 60,000/- 10,000/-
[60000-50000]
Compensation for 25,000/- 40,000/- 15,000/-
loss of amenities [40000-25000]
Total enhanced amount of compensation 90,150/-
Accordingly, the appellant/claimant is awarded an additional
compensation of Rs.90,150/- (Rupees ninety thousand one
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hundred fifty only) over and above the compensation awarded by
the Tribunal with interest @9% per annum from the date of petition
till realization together with proportionate costs. The Insurance
Company is directed to deposit the aforesaid amount within a
period of two months from the date of receipt of a copy of this
judgment. While, calculating interest, it is ordered that the
appellants will not be entitled for interest for a period of 393 days,
which represents the period of delay in filing the appeal.
The appeal is ordered accordingly.
Sd/-
EASWARAN S.
JUDGE
ACR
