Partly allowed

Surendran T.P v. Jijimon K.M

Kerala HC3 Dec 2012MACA/1340/2012

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an appeal by a scooter rider against an award of Rs. 79,500 by the Motor Accidents Claims Tribunal for injuries sustained after being hit by an autorikshaw. The Bench enhanced the compensation to Rs. 1,29,500, increasing amounts for loss of earnings, pain, and amenities. It directed the insurer to deposit the additional Rs. 50,000 within three months.

What did the court decide?

The appellant is allowed to realize an additional compensation of Rs. 50,000 along with interest at 7.5% per annum.

Surendran T.P Vs Jijimon K.M — Motor Accident Claims | Kerala HC (2012)

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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.T.SANKARAN & THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS

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MONDAY, THE 3RD DAY OF DECEMBER 2012/12TH AGRAHAYANA 1934

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MACA.No. 1340 of 2012 ()

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OPMV.1623/2006 of M.A.C.T., THALASSERY

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APPELLANT/PETITIONER:

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SURENDRAN T.P,, AGED 47 YEARS S/O PARAN, KOYYATH HOUSE, PADANNAKKARA P.O. PINARAYI THALASSERY TALUK, KANNUR DISTRICT.

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BY ADVS.SRI.C.P.PEETHAMBARAN

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SRI.M.X.ANTONY LIJO

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RESPONDENTS/RESPONDENTS IN OP(MV):

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JIJIMON K.M.,, AGED 39 YEARS

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S/O MATHEW, KUNNUPARAMBIL HOUSE, KELAKAM AMSOM DESOM P.O. KELAKAM, KANNUR DISTRICT.PIN:670006.

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JOHN VARGHESE,, AGED 39 YEARS S/O. VARGHESE, SAMSSERI HOUSE, POYYAMALA KELAKAM AMSOM DESOM, P.O. KELAKAM KANNUR DISTRICT. PIN:670006.

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NATIONAL INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER DIVISIONAL OFFICE, KANNUR. PIN:670001.

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R3 BY ADV. SRI.S.K.AJAY KUMAR

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28.11.2012, THE COURT ON 3.12.2012 DELIVERED THE FOLLOWING:

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K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.

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M.A.C.A. No.1340 of 2012

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Dated 3^rd December, 2012.

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J U D G M E N T

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Joseph Francis, J.

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This appeal is filed by the petitioner in O.P.(MV) No.1623 of 2006 on the file of the Motor Accidents Claims Tribunal, Thalassery.

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The case of the petitioner in the O.P.(MV) is as follows : On 5.7.2006, while the petitioner was riding his Scooter from Manantheri to Thalassery and when he reached at Thokkilangadi at about 4.15 p.m., an autorikshaw bearing Registration No.KL-13/B-3616 driven by the second respondent in a rash and negligent manner hit the petitioner, as a result of which the petitioner sustained serious injuries. The first respondent was the owner and the third respondent was the insurer. The petitioner claimed `1,75,000/- as compensation.

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Respondents 1 and 2 remained ex parte. The third respondent filed written statement admitting the policy of the autorikshaw and contended that the accident was not due to the negligence of the second respondent and that the compensation claimed is excessive.

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M.A.C.A. No.1340 of 2012

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Before the learned Claims Tribunal, PW1 was

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examined and Exts.A1 to A10 series were marked. The Tribunal, on considering the evidence on record, found that the accident was due to the rash and negligent driving of the second respondent and awarded a compensation of `79,500/to the petitioner together with interest at the rate of 7.5% per annum from the date of petition till the date of realization from respondents 1 to 3 and the third respondent was directed to deposit the amount as the insurer. Being dissatisfied with the quantum of compensation awarded, the petitioner this appeal.

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Heard the learned counsel for the appellant and the learned counsel appearing for the Insurance Company.

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The learned counsel for the appellant submitted that the compensation awarded is very low and that the appellant is entitled to get enhanced compensation under various heads. The learned counsel appearing for the Insurance Company supported the award.

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The Tribunal awarded compensation under various heads as follows :

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M.A.C.A. No.1340 of 2012

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Sl No	*Head of claim*	*Amount* *claimed* *(Rs)*	*Amount* *awarded* *(Rs)*	*Basis vital details in a* *nutshell*
1	Loss of earning (total)	16000	12000	Considering the severe injuries, loss of income for four months at the rate of Rs.3000 per month.
2	Medical and miscellaneous expenses	50000	36500	Supported by Ext.A7 series bills
3	Bystander expenses	Not specifically claimed	1600	16 days at the rate of Rs.100/- each per day
4	Transportation expenses	5000	2000	Considering the number of reviews he had at the hospital
5	Extra nourishment	4000	2400	@ Rs.150/- per day for 16 days
6	Damage to clothing etc.		500
7	Pain and suffering	30000	18000	Considering the serious injuries sustained by the petitioner.
8	Loss of amenities and conveniences etc.		5000	Considering the serious injuries of the petitioner.
9	Any other heads (review expenses)		1500	Considering the expenses towards the reviews.
	Total		79500

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Immediately after the accident, the petitioner was

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taken to Indira Gandhi Co-operative Hospital, Thalassery. Ext.A3 is the copy of the wound certificate issued from that hospital, which would show that due to the accident, the

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M.A.C.A. No.1340 of 2012

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petitioner sustained the following injuries :

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(1)Bleeding from left ear.

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(2) Swelling and deformity of right shoulder.

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(3) Extensive contusion of right shoulder

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(4) Fracture head of humerus with displacement.

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(5) Fracture metacarpal 4^th right hand.

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(6) Lacerated wound on the 4^th finger. Investigation through C.T.Scan of the head revealed that there was fracture on the left side of temporal bone also. Ext.A3 would show that the patient was discharged on 20.7.2006 from the above hospital. Ext.A4 is the certificate issued by Dr.M.D.George, Orthopaedic Surgeon. The certificate dated 30.7.2006 shows that the petitioner had sustained head injury, fracture of right humerus and shoulder and fracture of metacarpal of right hand. He has undergone surgery for these injuries. Now he cannot use his right hand. He was discharged on 21.7.2006 and he is continuing treatment and rest. It is stated in Ext.A4 that the petitioner will not be able to use his right hand to write or put his signature. The petitioner has given evidence that he

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M.A.C.A. No.1340 of 2012

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underwent several surgeries due to fracture and steel rod was fixed. Petitioner had several reviews after he was discharged. He went to the hospital on 27.7.2006 and consulted Dr.Ajithkumar, Tejaswini Hospital, Mangalore as he experienced severe pain on the right shoulder. On 3.11.2006 he went to Manipal Hospital for treatment. Thereafter, he underwent treatment under Dr.C.V.Ramesh, Neuro Surgeon, Thalassery. Meanwhile on 5.4.2010 steel rod was removed from Thalassery Mission Hospital. He remained there as inpatient for three days. He experienced loss of memory and on some occasions, he was blacked out and fell on the ground. Ext.A10 series medical bills and hospital bills have been scrutinized by the Tribunal and it is found that bills upto 3.11.2006 for a total sum of 36,080/- including discharge bill for 25,965/- are found to be admissible and the amount covered by these bills can be granted to the petitioner. It was held that the amount can be rounded off to `36,500/- under this head.

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According to the petitioner, he was a professional glass cutter and mirror designer and was getting `5,000/- per

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M.A.C.A. No.1340 of 2012

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month. But, the Tribunal assessed the monthly income of the petitioner as 3,000/- which according to us is on the lower side and we fix 5,000/- as the monthly income, as claimed by the petitioner. Due to the accident, the petitioner could not do any work at least for six months. Calculating on that basis, the petitioner is entitled to get 30,000/- as compensation for loss of earnings for six months, instead of 12,000/- awarded by the Tribunal. Considering the nature of injuries sustained and the treatment undergone, 30,000/- claimed towards compensation for pain and suffering is granted, in the place of 18,000/awarded by the Tribunal. 25,000/- can be awarded towards compensation for loss of amenities in life in the place of 5,000/- awarded by the Tribunal. Thus, in total, the petitioner is entitled to get `50,000/- as additional compensation.

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Accordingly, this appeal is allowed in part and the appellant is allowed to realize `50,000/- as additional compensation together with interest at the rate of 7.5% per annum from the date of the petition till the date of realization from the respondents and the third respondent is directed to

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M.A.C.A. No.1340 of 2012

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deposit the amount within three months from this date. There

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is no order as to costs.

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Sd/-

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K.T.SANKARAN, JUDGE.

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Sd/-

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M.L.JOSEPH FRANCIS, JUDGE.

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tgs

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(true copy)

Surendran T.P v. Jijimon K.M

Case brief

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Surendran T.P v. Jijimon K.M

Case brief

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