The High Court modified the Tribunal's award in a motor accident claim. Enhancing disability compensation based on higher calculated income and granting Rs.10,000 for loss of amenities due to severe injuries.
Additional compensation of Rs.23,500 granted; interest and costs affirmed for modified award.
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
MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932
MACA.No. 146 of 2004()
---------------------OPMV.1971/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR
APPELLANT/PETITIONER:
-----------------------------------------
K.SHAMSUDHEEN, S/O. ALIKUTTY, AGED 26 YEARS, KAZHUNGIL HOUSE, CHERUSSOLA P.O., KERALA.
BY ADV. SRI.K.P.MUJEEB
RESPONDENT(S): RESPONDENTS:
----------------------------------------------------
1. M.K.ANILKUMAR, KAMMADAN HOUSE, KOTTAKKAL P.O. (OWNER)
2. USMAN P., PANNAKKOTTIL HOUSE, PULLIKKODE, KOTTAKKAL P.O. (DRIVER)
3. NATIONAL INSURANCE CO.LTD. B/O. KORAMBAYIL ARCADE, MANJERI.
4. C.SAIDALAVI HAJI, KERALA HOUSE, PUNNATHALA P.O., VALANCHERI (OWNER OF JEEP KLL 520)
5. ASHRAF K.K., KALAMBAMKOTTARATHIL HOUSE, VALIYAKUNNU P.O. (DRIVER OF JEEP KLL 520)
6. NEW INDIA ASSURANCE CO.LTD., S/O. CATHOLIC CENTRE, UP HILL, MALAPPURAM.
R3 BY ADV. SMT.SARAH SALVY R6 BY ADVS.SRI.KKM.SHERIF, SRI.A.A.ZIYAD RAHMAN.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
A.K.BAHSEER & P.Q.BARKATH ALI, JJ.
=================
M.A.C.A. No. 146 of 2004
=================
Dated this the 21st day of June, 2010
JUDGMENT
Barkath Ali, J.
In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P. (MV) No.1971 of 1996 of Motor Accidents Claims Tribunal, Tirur challenges the judgment and award of the Tribunal dated July 30, 2003 awarding a compensation of Rs.1,19,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident.
MACA 146/2004 2
sustained serious injuries. According to the claimant, the accident occurred due to the rash and negligent driving of the auto-rickshaw and jeep by respondents 2 and 5 respectively. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending auto-rickshaw and respondents 4 to 6 as the owner, driver and insurer of the offending jeep are jointly and severally liable to pay compensation to the claimant. The claimant claimed a compensation of Rs.2 lakhs.
MACA 146/2004 3
claimant before the Tribunal. No evidence was adduced by the respondents. The Tribunal, on an appreciation of evidence, found that the accident occurred due to the negligence on the part of the second respondent and awarded a compensation of Rs.1,19,000/- with interest @ 9% per annum from the date of petition till realization and proportionate costs against respondents 1 to 3. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal.
MACA 146/2004 4
revealed from Ext.A3 copy of wound certificate:-
clavicle, left forearm.
Ext.A7 treatment-cum-disability certificate showed that k- nailing and bone grafting were done. It is certified therein that the claimant has 25% disability.
Rs.1,19,000/-. Break up of the compensation awarded is as under :-
| Loss of earning | : Rs. |
7,000/- |
|---|---|---|
| Transportation expense | : Rs. |
1,500/- |
| Extra-nourishment | : Rs. |
1,500/- |
| Medical expense | : Rs. |
40,000/- |
| Pain and sufferings | : Rs. |
15,000/- |
| Loss of earning power | : Rs. |
54,000/- |
| ------ | -------------- | |
| Total | : Rs.1 == |
,19,000/- ====== |
enhancement of compensation for the disability caused. He has also pointed out that no compensation was awarded for
MACA 146/2004 5
loss of amenities and enjoyment in life.
6
MACA 146/2004
count. As regards the compensation granted under other heads, we find the same to be reasonable and we are not disturbing the same.
The appeal is disposed of as found above.
A.K. BASHEER, JUDGE.
P.Q.BARKATH ALI,
JUDGE.
mn.
2 issues framed by the court
Whether the compensation awarded by the Tribunal was appropriate given the claimant's actual income and disability.
Whether additional compensation should be granted for loss of amenities and enjoyment in life.
1 provisions across 1 enactments
K. SHAMSUDHEEN
M.K. ANILKUMAR
USMAN P.
NATIONAL INSURANCE CO.LTD.
C. SAIDALAVI HAJI
ASHRAF K.K.
A.K. BASHEER
P.Q. BARKATH ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
