Partly allowed

The Oriental Insurance Co.Ltd; v. Rakith Madhukar

Kerala HC7 Nov 2013MACA/1810/2011

Case brief

AI extract

What is this about?

The High Court modified the Tribunal's compensation award in a motor accident claim. It disallowed separate loss of earnings compensation included within loss of earning power, reduced attendant and treatment expenses, ruled no interest on future expenses citing R.D.HATTANGADI, and refixed the total at Rs.29,19,439.

What did the court decide?

Total compensation refixed to Rs.29,19,439 by reducing loss of earnings component, attendant expenses by Rs.2,00,000, and future treatment expenses by Rs.2,00,000; no interest on future expenses allow

The Oriental Insurance Co.Ltd; Vs Rakith Madhukar — Motor Accident Claims | Kerala HC (2013)

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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 S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

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THURSDAY, THE 7TH DAY OF NOVEMBER 2013/16TH KARTHIKA, 1935

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MACA.No. 1810 of 2011 ( )

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AGAINST THE AWARD IN OPMV 1782/2006 of M.A.C.T.,ERNAKULAM DATED 27-05-2011

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APPELLANT/3RD RESPONDENTIN THE OP :

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THE ORIENTAL INSURANCE CO.LTD. REPRESENTED BY THE ASSISTAT MANAGER &AUTHORISED SIGNATORY THE ORIENTAL INSURANCE CO.LTD. REGIONAL OFFICE ERNAKULAM METRO PLACE ERNAKULAM NORTH KOCHI - 18.

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BY ADV. SRI.A.R.GEORGE

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RESPONDENT/CLAIMANT IN THE OP:

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RAKITH MADHUKAR, S/O. RAMAKRISHNAN REPRESENTED BY HIS WIFE-SANDHYA RAKITH MADHUKAR PARADISE, NELLIKKODE P.O. CALICUT

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R1 BY ADV. SRI.ANIL S.RAJ R1 BY ADV. SMT.K.N.RAJANI R1 BY ADV. SMT.ANILA PETER R1 BY ADV. SRI.G.ARUN GOPAN R1 BY ADV. SRI.J.VIVEK GEORGE

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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S.SIRI JAGAN & K.RAMAKRISHNAN, JJ.

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MACA.No.1810 of 2011

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---------------------------------------------Dated this the 7^th day of November, 2013

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JUDGMENT

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S.Siri Jagan,J.

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The respondent herein suffered very serious injuries and consequential disabilities in an accident caused by the negligent driving of a vehicle insured with the appellant

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herein. The respondent filed OP(MV) No.1782/2006 before the Motor Accident Claims Tribunal, Ernakulam claiming compensation for the injuries and consequential disabilities suffered by him. The Tribunal, after finding negligence on the part of the driver of the vehicle insured with the appellant, awarded compensation under various heads as follows:-

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MACA.No.1810 of 2011

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: 2 :

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Heads	(In Rs. Amount awarded)
Loss of earnings	3,00,000
Transportation expenses	25,000
Damage to clothing & articles	1,000
Extra nourishment	25000
Medical Expenses	8,55,039
Attendance expenses	7,24,400
Compensation for pain and sufferings	1,00,000
Compensation for loss of
amenities and enjoyment in life	2,00,000
For loss of earning power	9,60,000
For future treatment expenses	5,00,000
TOTAL	36,90,439

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Aggrieved by the quantum of compensation awarded by the Tribunal, the appellant has filed this appeal, seeking enhanced compensation.

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The contention of the appellant is that, the claimant claimed a total compensation of ₹.20,000,00/under different heads, despite which the Tribunal awarded a total compensation of .36,90,439/-. It is submitted that₹ the Tribunal, after awarding compensation for loss of

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MACA.No.1810 of 2011 : 3 :

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earnings . 3,000,00/-, thereafter, taking into account the₹ period covered by the loss of earnings, assessed compensation for loss of earning power again, which is unsustainable. The contention is that, since the compensation for loss of earning power covers the period of loss of earning also, separate compensation for loss of earnings could not have been awarded for part of the same period. The second contention is that the Tribunal has awarded ₹7,24,400/- towards attendant's expenses, for expenses already incurred and for future expenses as well which is on the higher side. It is further contented that the compensation awarded for future treatment expenses as .₹ 5,00,000/- is exorbitant. Lastly it is contented that the Tribunal wrongly awarded interest for future attendant's expenses and future medical expenses which could not have been done in view of the decision of the Supreme Court in R.D.HATTANGADI vs PEST CONTROL (INDIA) PVT.LTD AND OTHERS (1995) I SCC 551.

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MACA.No.1810 of 2011

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: 4 :

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On the other hand, the learned counsel for the respondent points out that the respondent is practically a vegetable for the rest of his life and he has to be spoon - fed for the rest of his life. Considering that fact, the amount of compensation awarded is only a paltry amount, is the contention raised in the appeal.

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We have considered the rival contentions in detail.

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We note that the disability certificate certified 90% disability and the Tribunal converted it into 100%. In so far as the respondent is practically a vegetable and confined to his bed, we do not find anything wrong in the conclusion arrived at by the Tribunal. But, we find that, after having given compensation for loss of earning power taking into account 100% disability from the date of accident, the Tribunal could not have separately awarded loss of earnings of .3,00,000/- for the period of treatment. Therefore, that₹ amount has to be deducted from the total compensation.

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MACA.No.1810 of 2011 : 5 :

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We are of the opinion that the future expenses for employing a home nurse or attendant is on the higher side.

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The attendant's expenses of .7,24,400/- is reduced by₹ ₹.2,00,000/-. We are of the opinion that the compensation for future treatment . 5,00,000/- is on the higher side. We₹ reduce the same to .3,00,000/-. As rightly pointed out by₹ the counsel for the appellant, for expenses to be incurred for future treatment and future attendant's charges, interest could not have been awarded as per the decision of the the Supreme Court in R.D.HATTANGADI (supra).

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Accordingly, the total compensation is modified by reducing to .7,00,000/-. Resultantly, total compensation to₹ be awarded is refixed as ₹.29,19,439/- instead of Rs.36,19,439/-. However, future medical expenses and future attendant's expenses will not carry any interest. We clarify that the compensation for future treatment and future

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MACA.No.1810 of 2011

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: 6 :

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attendant's expenses is .6,00,000/-.So for .6,00,000/- no₹ ₹ interest will accrue.

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With the above modifications of the impugned award the appeal is disposed of.

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Sd/- S.Siri Jagan , Judge

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Sd/- K.Ramakrishnan, Judge

rmm

//True Copy//

PA to Judge

MACA.No.1810 of 2011 : 7 :

The Oriental Insurance Co.Ltd; v. Rakith Madhukar

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Co.Ltd; v. Rakith Madhukar

Case brief

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