This appeal challenges the quantum of compensation awarded by the Tribunal for injuries sustained in a motor accident. The High Court enhanced compensation for disability and loss of amenities, modifying the original award.
Additional compensation of Rs. 30,180/- awarded, interest at 9% p.a. granted, and the insurer directed to deposit the amount within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE A.K.BASHEER &
THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI
TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932
MACA.No. 142 of 2004(P)
-----------------------------------OPMV.865/1997 of I ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM
APPELLANT/PETITIONER
--------------------------------------
SANTHOSH KUMAR, SANTHOSH BHAVAN, MUHATHALAM, KOLLAM.
BY ADV. SRI.JACOB SEBASTIAN, SRI.M.A.RASHID.
RESPONDENTS/RESPONDENTS
------------------------------------------------
1. J. SURAPALAN, S/O. JANARDHANAN, BISMI NIVAS, MEENAD, NEDUNGOLAM, KOLLAM (OWNER OF THE BUS)
2. J. RAJAN, S/O. JANARDHANAN KURUP, PULLMORDEEN, KOONAYIL, PARAVOOR. (DRIVER OF THE BUS)
3. THE BRANCH MANAGER, NEW INDIA ASSURANCE CO. LTD., HOSPITAL ROAD, KOLLAM (INSURER OF THE BUS) POLICY NO. 3176090255969,CERTIFICATE NO.406/9999O.
R3 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
A.K.BASHEER & P.Q. BARKATH ALI, JJ.
================== M.A.C.A. No. 142 of 2004
================== Dated this the 22nd day of June, 2010
JUDGMENT
Barkath Ali, J.
In this appeal under section 173 of the Motor Vehicles Act claimant in O.P.(MV) No.865 of 1997 of the First Addl. Motor Accidents Claims Tribunal, Kollam challenges the judgment and award of the Tribunal dated October 30, 2003, awarding a compensation of Rs.35,200/for the loss caused to the claimant, on account of the injury sustained by him in a motor accident.
these:- The claimant was a student, aged 20 at the time of the accident. On September 26, 1996 at 1 p.m. the claimant was pillion riding on a motor cycle bearing registration No.KL-2A/3185 at Kollam and when he reached in front of the S.N. College, Kollam at National Highway 47, a bus bearing registration No.KL/13A/5425 came at a high speed and dashed against the motor cycle
MACA 142/2004 2
on which the claimant was pillion riding. The claimant sustained serious injuries. According to the claimant, the accident occurred due to the rash and negligent driving of the offending bus by the second respondent. The first respondent as the owner, the second respondent as the driver and third respondent as the insurer of the offending bus are jointly and severely liable to pay the compensation to the claimant. The claimant claimed a compensation of Rs.2 lakhs.
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appreciation of the evidence, awarded a compensation of Rs.35,200/- with interest at the rate of 9% p.a. from the date of petition till realization. The claimant has come up in appeal, challenging the quantum of compensation awarded by the Tribunal.
MACA 142/2004 4
Investigation showed that he had haemotoma in Rt. Basal ganglion region with ordoema and mass effect and he had fracture of Lt clavicle. Ext.A9 certificate of disability shows that he has a permanent disability of 12%. He had impaired memory and concentration disability and had Lt. hemiparesis.
Rs.35,200/-. Break up of the compensation awarded is as under:-
Transportation : Rs. 2,000/Medical expenses : Rs. 7,000/Pain and suffering : Rs.10,000/Disability caused : Rs.16,200/-----------------Total : Rs.35,200/=======
5
MACA 142/2004
5%, adopted a multiplier of 18 and awarded a compensation of Rs.16,200/- for the disability caused. The claimant was a student, aged 20 at the time of the accident. Therefore, the Tribunal is perfectly justified in taking his monthly income as Rs.1,500/-. The multiplier adopted by the Tribunal is not seriously disputed. Regarding the disability caused, we feel that percentage of disability can be assessed at 12%, taking into consideration the present disability of the claimant as described in Ext.A9. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.38,880/- (Rs.1,500/- x 12 x 18 x 12%). Thus, on this count, the claimant is entitled to an additional compensation of Rs.22,680/-.
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MACA 142/2004
under other heads, we find the same to be reasonable and therefore, we are not disturbing the same.
The appeal is disposed of as found above.
A.K.BASHEER, JUDGE.
P.Q. BARKATH ALI, JUDGE.
mn
3 issues framed by the court
Whether the claimant is entitled to enhanced compensation for permanent disability of 12%?
Whether compensation should be awarded for loss of amenities and enjoyment in life?
Is the Tribunal justified in adopting a multiplier of 18 for the claimant aged 20?
Colour shows how this judgement treated each authority
noneReferred
2 provisions across 2 enactments
Santhosh Kumar
J. Surapalan
J. Rajan
The Branch Manager, New India Assurance Co. Ltd.
A.K.Basheer
P.Q.Barkath Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
A.K.Basheer and P.Q.Barkath Ali
Parties & counsel
