Appeal against Motor Accidents Claims Tribunal award. Tribunal awarded Rs. 8,86,771/-. Court upheld award noting evidence of claimant's professional income and reasonable medical expenses.
The M.A.C.A. is dismissed; Tribunal award of Rs. 8,86,771/- is confirmed.
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 K.T.SANKARAN
&
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
WEDNESDAY, THE 5TH DAY OF DECEMBER 2012/14TH AGRAHAYANA 1934
MACA.No. 2583 of 2012 ()
-----------------------OP(MV)NO.20/2009 OF MACT,EKM
APPELLANT(S)/2ND RESPONDENT:
THE UNITED INDIA INSURANCE CO.LTD. ERNAKULAM REPRESENTED BY ITS DEPUTY MANAGER REGIONAL OFFICE HOSPITAL ROAD, ERNAKULAM.
BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA)
RESPONDENT(S)/CLAIMANT:
KRISHNAKUMAR K.R. @ VINOD RAM S/O. RAMAN MENON NEDUMBILLY (KRISHNA NIVAS) KANAYANNOOR CHOTTANIKKARA PO PIN.682 312 ERNAKULAM DISTRICT.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.
M.A.C.A.No.2583 of 2012
Dated this the 5th day of December, 2012
JUDGMENT
K.T.Sankaran, J.
The second respondent in O.P.(M.V.) No.20 of 2009 on the file of the Motor Accidents Claims Tribunal, Ernakulam, is the appellant. The respondent in the appeal sustained injuries in a motor vehicle accident which took place on 17.2.2006. The respondent was walking along Mulanthuruthy- Chottanikkara road and when he reached Eruveli junction, the motor cycle driven by the first respondent in the Original Petition (not a party in the appeal) in a most rash and negligent manner, hit on the respondent and he sustained serious injuries. He was treated as an inpatient in Medical Trust Hospital for 153 days. As a result of the accident and the injuries sustained by him, there was shortening of left leg and difficulty in squatting. It was also alleged that his marriage prospectus and job prospectus were lost.
M.A.C.A.No.2583/2012
2
Assistant/Associate Director of film/photographer, aged 38 years, having a monthly income of ` 10,000/-. The claimant contended that he was the Assistant Director for more than 8 Malayalam movies and one Tamil movie. He had also directed several mega serials and telefilms.
15,48,000/- as compensation. The Tribunal awarded 8,86,771/out of which ` 2,92,171/- amounts to medical expenses.2,92,171/- was awarded as medical expenses. It is supported by original medical bills. Under the head Future medical expenses, a sum of 50,000/- was claimed and the Tribunal awarded 20,000/-. The learned counsel for the appellant submitted that the appellant was under the impression that the Tribunal had awarded a sum of 2 lakhs under that head and this impression was got as a result of the manner in which the figure was typed. However, by totaling various amounts awarded by the Tribunal, it is clearM.A.C.A.No.2583/2012
3
that towards future medical expenses, only a sum of ` 20,000/was granted.
The learned counsel for the appellant contended that the Tribunal was not justified in taking the income of the claimant at ` 6,000/- per month. It has come out in evidence that the claimant is an Assistant Film Director and he had directed several mega serials and telefilms. He worked as Assistant Director for more than 8 Malayalam movies and one Tamil movie. It cannot be said that the monthly income of the claimant taken by the Tribunal is on the higher side. The amounts awarded under the various heads are also not excessive. We do not find any ground to interfere with the award passed by the Tribunal. For the
aforesaid reasons, the M.A.C.A. is dismissed.
M.L.JOSEPH FRANCIS
csl
2 issues framed by the court
Whether the Motor Accidents Claims Tribunal justified in taking the claimant's monthly income at Rs. 6,000/- and awarding Rs. 8,86,771/- as compensation?
Whether the compensation awarded by the Tribunal under various heads including future medical expenses being excessive?
The United India Insurance Co. Ltd.
Krishnakumar K.R.
K.T.Sankaran
M.L.Joseph Francis
As recorded by the court registry
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