Partly allowed

K.N.Ani v. Robit M.Thomas

Kerala HC1 Jun 2011MACA/1248/2004

Case brief

AI extract

What is this about?

In this motor accident appeal, the High Court modified the Motor Accidents Claims Tribunal's award. The Court accepted the claimant's 30% disability certified by a Medical Board and recalculated compensation for permanent disability, augmenting the award to Rs. 1,63,000 for this head and increasing damages for pain and suffering and loss of amenities.

What did the court decide?

Appeal allowed; Tribunal award modified to grant additional compensation of Rs. 1,63,000 comprising disability, enhanced pain and suffering, and loss of amenities; interest and costs awarded.

K.N.Ani Vs Robit M.Thomas — Motor Accident Claims | Kerala HC (2011)

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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 A.K.BASHEER &

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THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI

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WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933

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MACA.No. 1248 of 2004()

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----------------------OPMV.2019/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM

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APPELLANT(S): APPELLANT/PETITIONER:

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K.N. ANI, S/O. NARAYANAN,

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KANJIRAKKATTU LAKSHAM VEEDU COLONY VATTAKKUNNU P.O., PAMPADY, KOTTAYAM DISTRICT.

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BY ADV. SRI.M.P.MADHAVANKUTTY

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RESPONDENTS/ RESPONDENTS:

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ROBIT M. THOMAS, S/O. THOMAS, MOODAKALLUNKAL HOUSE, SOUTH PAMPADY P.O., PAMPADIKKARA, KOTTAYAM.

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M.A. THOMAS, MOODAKALLUNKAL HOUSE, SOUTH PAMPADY P.O., KOTTAYAM.

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BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, JYOTHI SUPER BAZAR P.B.NO.8, THODUPUZHA.

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ADV. SRI.T.A.UNNIKRISHNAN FOR R1 & 2

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SRI.P.P.BIJU FOR R1 & 2

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SRI.M.JACOB MURICKAN FOR R3

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.K.BASHEER & P.Q.BARKATH ALI, JJ.

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M.A.C.A.No.1248 OF 2004

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- - - - Dated this the 1^st day of June, 2011

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JUDGMENT

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Barkath Ali, J.

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Appellant is the claimant in O.P.(MV)No.2019/1999 on the file of Motor Accidents Claims Tribunal, Kottayam. In this appeal, he challenges the judgment and award of the Tribunal dated May 31, 2003 awarding a compensation of Rs.27,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred on January 14, 1999 at about 11 p.m. :

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Lacerated wound on the eye brow and supra orbital area and contusion on the chin. Fracture of skull frontal bone

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The accident happened while the claimant was walking along the road. When he reached at Pampady he was knocked down by a jeep bearing Reg.No.KL 7Q 4705 driven by the first respondent. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 4,00,000/-.

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MACA.No.1248/2004 2

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Respondents 1 and 2, the driver and the owner of the offending jeep though entered appearance before the Tribunal did not file any written statement. The third respondent, the insurer of the offending jeep filed a written statement admitting the policy.

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Exts.A1 to A9 were marked on the side of the 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 rash and negligent driving of the offending jeep by first respondent and awarded a compensation of Rs. 27,000/- with interest @ 9% per annum from the date of petition till realisation and a cost of Rs.1,000/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal.

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Heard the counsel for the appellant/claimant and the counsel for the Insurance Company. The certificate issued by the Medical Board is taken on record as Ext.X1.

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The accident is not disputed. The finding of the Tribunal

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that the accident occurred due to the negligence on the part of the first respondent is not challenged in this appeal. Therefore, the only

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MACA.No.1248/2004

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question which arises for consideration is whether the claimant is entitled to any enhanced compensation.

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The Tribunal awarded a total compensation of Rs.27,000/-.

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The break up of the compensation amount awarded is as under:

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Loss of earnings - Rs. 4,500/Treatment expenses - Rs. 1,500/Transportation - Rs. 1,000/Pain and suffering - Rs.10,000/Loss of amenities - Rs.10,000/-

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Counsel for the claimant sought enhancement of compensation for loss of amenities and enjoyment of life and for pain and suffering endured. He pointed out that no compensation has been awarded by the Tribunal for the disability caused. As the Medical Board has certified that he has 30% disability he is entitled to compensation for the disability caused.

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The Tribunal fixed the monthly income of the claimant as Rs. 1500/-. The claimant was a labourer aged 30. Therefore, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 2,500/-.

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As directed by us, the claimant appeared before the Medical

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MACA.No.1248/2004 4

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Board attached to Medical College Hospital, Kottayam and the Board has issued a certificate which is marked in this appeal as Ext.X1. The Board has assessed a disability of 30%. He is now affected by optic atrophy of the right eye. The percentage of disability assessed by the Medical Board is not seriously challenged. As the claimant was aged 30 at the time of the accident, a multiplier of 17 would be reasonable in this case. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 1,53,000/- ( 30% x 2500 x 12 x 17).

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The Tribunal awarded Rs.10,000/- for loss of amenities and enjoyment in life and Rs. 10,000/- for pain and suffering endured. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 15,000/- each for loss of amenities and enjoyment in life and for pain and suffering endured would be reasonable. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same.

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In the result, the claimant is found entitled to an additional compensation of Rs. 1,63,000/-. He is entitled to interest @ 9% per

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MACA.No.1248/2004

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annum from the date of petition till realisation and proportionate cost. The third respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the date of receipt of a copy of this judgment. The award of the Tribunal

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is modified to the above extent.

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The Appeal is disposed of as found above.

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A.K.BASHEER, JUDGE

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P.Q.BARKATH ALI, JUDGE

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sv.

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MACA.No.1248/2004 6

K.N.Ani v. Robit M.Thomas

Case brief

What is this about?

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K.N.Ani v. Robit M.Thomas

Case brief

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