Partly allowed

K.Shajith Kumar v. P.Mohanan

Kerala HC3 Jan 2008MFA/789/2001

Case brief

AI extract

What is this about?

The High Court allowed theMisc. First Appeal filed by a scooterist who alleged negligence by a stage carriage bus driver. The court found the Tribunal's award of Rs.19,600 inadequate given the injuries sustained, including multiple tooth extractions and fractures. The High Court increased the compensation.

What did the court decide?

Additional compensation of Rs.10,000 with 6% interest per annum from the date of petition till realization, directable to the third respondent Insurer.

K.Shajith Kumar Vs P.Mohanan — Insurance | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR

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THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929

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MFA.No. 789 of 2001() --------------------------------OPMV.3891/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE

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APPELLANT - PETITIONER:

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-----------------------------------

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K. SHAJITH KUMAR, S/O. VELAYUDHAN, AGED 29 YEARS, JAYAMMA NIVAS, KARUVANCHERRY PARAMBU, P.O., BEYPORE, KOZHIKODE.

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BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH

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RESPONDENTS - RESPONDENTS:

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--------------------------------------------

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1. P. MOHANAN, S/O. BALAN, PINNANATH HOUSE, THAMPI ROAD, OPP. BEYPORE HIGH SCHOOL, P.O. BEYPORE, KOZHIKODE.

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2. T.K. ASOKAN, S/O.KRISHNAN KUTTY, THOTTUNGAL HOUSE, PANNIYANKARA AMSOM, P.O. KALLAI, KOZHIKODE.

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3. M/S. UNITED INDIA INSURANCE CO. LTD., AHAMED BUILDING, CHEROOTTY ROAD, KOZHIKODE.

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BY ADV. SRI.M.A.HAKIM SHAH

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THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K. PADMANABHAN NAIR, J.

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= = = = = = = = = = = = = = = = = = =

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M.F.A. NO. 789 OF 2001

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= = = = = = = = = = = = = = = = = = = Dated this the 3^rd day of January, 2008

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J U D G M E N T

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--------------------

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Petitioner in O.P(MV) No.3891 of 1993 on the file of the Motor Accidents Claims Tribunal, Kozhikode is the appellant. Petitioner met with a road traffic accident on 5.11.1993 and sustained injuries. According to the petitioner he was riding a Scooter bearing Reg. No.KL-11/0237. When the Scooter reached the place of accident, a stage carriage bus bearing Reg. No.KRZ-0540 driven by the first respondent came in a rash or negligent manner and hit against the Scooter which the petitioner was riding and he sustained injuries. Petitioner filed the Original Petition claiming compensation impleading the driver, owner and Insurer of the stage carriage bus. Owner and driver filed a written statement admitting the accident. It was contended that the accident occurred due to the negligence of the petitioner himself. Quantum of compensation claimed was also disputed. Third respondent Insurer also filed a written statement admitting its liability,

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M.F.A. NO. 789 OF 2001

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-: 2 :-

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but contended that there was no negligence on the part of the driver of the stage carriage bus. The Tribunal, on evidence, found that the accident occurred due to the negligence of the driver of the bus. Tribunal awarded a compensation of Rs.19,600/- with interest. The third respondent was directed to deposit the amount. Dissatisfied with the quantum of compensation awarded, the petitioner himself had filed this appeal.

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2. The findings of the Tribunal that the accident occurred due to the negligence of the driver of the bus and the petitioner is entitled to get compensation have become final and conclusive. The finding that the third respondent is liable to indemnify the insured has also become final. The only question arising for consideration is whether the appellant is entitled to get any additional compensation.

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3. Appellant claimed a compensation of Rs.1,00,000/-. Evidence adduced in this case shows that appellant sustained multiple abrasions and lacerated wounds. Three teeth were extracted. Exhibit A7 shows that the appellant sustained apical third root fracture of left and right upper central

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M.F.A. NO. 789 OF 2001

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-: 3 :-

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incisors. Material on record shows that the appellant had to fix artificial teeth which he had lost.

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4. Considering all aspects of the matter, I am of the view that the compensation of Rs.19,600/- awarded by the Tribunal is very low. The Tribunal ought to have awarded Rs.10,000/- more towards treatment expenses, etc. So the appellant is entitled to get an additional compensation of Rs.10,000/- which will carry interest at the rate of 6% per annum.

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In the result, appeal is allowed in part. An award is passed in favour of the appellant allowing him to recover a sum of Rs.10,000/- as additional compensation with 6% interest from the date of petition till date of realisation. Third respondent Insurer is directed to deposit that amount also. On deposit, the appellant can withdraw the entire amount.

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K. PADMANABHAN NAIR, JUDGE.

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vsv

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K. PADMANABHAN NAIR, J. ===================== M.F.A. NO. 789 OF 2001

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===================== J U D G M E N T

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3RD JANUARY, 2008

K.Shajith Kumar v. P.Mohanan

Case brief

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K.Shajith Kumar v. P.Mohanan

Case brief

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