High Court允许的 partial appeal against a Motor Accident Claims Tribunal award by enhancing compensation for loss of earnings, medical expenses, disability, and loss of enjoyment, while modifying the income multiplier.
Additional compensation of Rs. 3,500/ for the first appellant and Rs. 22,740/- for the second appellant with interest at 9% per annum.
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 THOMAS P.JOSEPH
MONDAY, THE 2ND DAY OF SEPTEMBER 2013/11TH BHADRA, 1935
MACA.No. 1139 of 2013 ()
THE AWARD IN OPMV 895/2008 of MACT, IRINJALAKUDA DATED 31-01-2013
PETITIONER/APPELLANT:
SHANIL KUMAR S/O.RAJAN, VANPARAMBIL HOUSE, KIZHUTHANI DESOM KARALAM VILLAGE, THRISSUR DISTRICT.
BY ADV. SRI.V.BINOY RAM RESPONDENT(S)/RESPONDENTS:
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02-09-2013 ALONG WITH MACA 1182/13, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THOMAS P.JOSEPH, J.
=========================
M.A.C.A.Nos.1139 and 1182 of 2013
============================ Dated this the 02nd day of September, 2013
J U D G M E N T
All the respondents are served. Third respondent in both the appeals appear through counsel.
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M.A.C.A.Nos.1139 and 1182 of 2013
The appellant was driving autorikshaw No.KL-8L/8804 at the relevant time. He was aged 30 years. The Tribunal has fixed his monthly income at `3,000/-. Though it is argued that the monthly income fixed is low, I find no reason to interfere.
.3,000/- per month. Having regard to the extent of injuries suffered, I am inclined to think that the appellant was not able to work for one month. Additional compensation payable for loss of earnings comes to 1500/-.M.A.C.A.Nos.1139 and 1182 of 2013
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further sum of `2000/- is awarded on that count.
Appellant was aged 64 years at the relevant time, engaged in sale of lottery tickets. He claimed that he was earning 5,000/- per month. The Tribunal has fixed his monthly income at 2,000/-. Having regard to the age and occupation of the appellant, his monthly income is fixed at `3,000/-.
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M.A.C.A.Nos.1139 and 1182 of 2013
7500/- strictly as per the medical bills. Having regard to the nature of the injuries suffered and the period of treatment, a further sum of 2500/- is allowed on that count.2,000/- per month. I have modified the monthly income as 3,000/-. It is seen that the multiplier adopted by the Tribunal is only '5' while as per the decision Sarla Varma Vs. Delhi Transport Corporation (2010(2) KLT 802) , it must be '7'. Thus, compensation payable for disability comes to 17,640/(3,000x12x7x7/100). Less 8,400/- already awarded, additional compensation payable on that count comes to 9240/-.M.A.C.A.Nos.1139 and 1182 of 2013
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to `22,740/-. That amount will carry interest @9% per annum from the date of application till realisation.
Resultantly these appeals are allowed in part as under:
I M.A.C.A.No.1139 of 2013
(i) In modification of the award passed by the Motor Accident Claims Tribunal, Irinjalakkuda in O.P(M.V).No.895 of 2008 the appellant is allowed to recover a further sum of `3500/- (Rupees Three Thousand and Five Hundred Only) with interest @9% from date of application till recovery from the respondents 1 to 3.
(ii) Third respondent is directed to deposit the said amount in the Tribunal within two months from this day.
II M.A.C.A.No.1182 of 2013
(i) In modification of the award passed by the Motor Accident Claims Tribunal, Irinjalakkuda in O.P(M.V).No.421 of 2008 the appellant is allowed to recover a further sum of `22740/- (Rupees Twenty Two Thousand Seven Hundred and Forty Only) with interest @9% from date of
M.A.C.A.Nos.1139 and 1182 of 2013
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application till recovery from the respondents 1 to 3.
(ii) Third respondent is directed to deposit the said amount in the Tribunal within two months from this day.
III It is directed that so far as the direction issued by the Tribunal allowing the third respondent to recover the amount from the second respondent stands, the third respondent can recover the enhanced compensation also from the second respondent on payment of the same to the appellants.
IV The Tribunal shall issue appropriate direction regarding deposit/withdrawal of the amount awarded by this judgment. V Parties shall suffer their cost in these appeals.
Sd/-
THOMAS P.JOSEPH, JUDGE
Sbna
True Copy
P.A to Judge
3 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal is adequate given the injuries and permanent disability.
Whether enhancement of compensation for loss of earnings, medical expenses, disability, and loss of enjoyment of amenities is warranted.
Whether the multiplier adopted by the Tribunal conform to judicial pronouncements.
Colour shows how this judgement treated each authority
Sarla Varma Vs. Delhi Transport CorporationReferred¶15
Sarla Varma Vs. Delhi Transport Corporation (2010(2) KLT 802)
1 provisions across 1 enactments
Shanil Kumar
Pramod K B
K.A. Anandhan
The Branch Manager, The Oriental Insurance Company Ltd.
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
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