Partly allowed

K.J.John v. Mohammed Ali

Kerala HC10 Jun 2014MACA/2046/2011

Case brief

AI extract

What is this about?

The High Court allowed the appellant's motor accident appeal partially, modifying the Tribunal's decree to increase the claimant's notional monthly income from ₹2,000 to ₹4,000 and directing the respondents to deposit an additional compensation of ₹42,000 with interest.

What did the court decide?

Modified the award to grant additional compensation of ₹42,000 with interest @7% per annum from the date of petition.

K.J.John Vs Mohammed Ali — Motor Accident Claims | Kerala HC (2014)

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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 HARUN-UL-RASHID &

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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TUESDAY, THE 10TH DAY OF JUNE 2014/20TH JYAISHTA, 1936

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MACA.No.2046 of 2011

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AGAINST THE AWARD IN OP(MV).437/2010 of Prl.M.A.C.T., KOZHIKODE DATED 23-03-2011

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APPELLANT/CLAIMANT:

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K.J.JOHN, AGED 66,

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S/O.JOSEPH, KALLUPRAYIL HOUSE, KAKKADAMPOYIL POST, KOODARANHI, KOZHIKODE.

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BY ADVS.SRI.R.BINDU (SASTHAMANGALAM)

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SRI.R.JAYAKRISHNAN

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RESPONDENTS : RESPONDENTS :-

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MOHAMMED ALI, AGED 44, S/O.IBRAHIM.T, THAYYIL HOUSE, THARATTAMMIL HOUSE, URGATTIRI-MALAPPURAM-673 639.

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THE ORIENTAL INSURANCE CO.LTD., JASEELA COMPLEX, BYPASS JUNCTION, NILAMBUR ROAD, MANJERI, MALAPPURAM-676 121.

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R2 BY ADV. GEORGE CHERIAN THIRUVALLA

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R2 SC - BY ADV.SRI.VPK.PANICKER

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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HARUN-UL-RASHID & ANIL K.NARENDRAN, JJ.

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M.A.C.A.No.2046 of 2011

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-------------------------------------------------------------------Dated this the 10^th day of June, 2014

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JUDGMENT

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HARUN-UL-RASHID, J.

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The claimant is the appellant. The appeal is directed against the judgment and decree dated 23^rd March, 2001 in O.P.(M.V.)No.437 of 2010 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode. The petitioner/claimant sustained injuries due to motor vehicle accident took place on 28/11/2009. The accident happened while he was travelling in an autorickshaw. It is alleged that the first respondent was the driver of the autorickshaw. It is also alleged that he drove the vehicle in a rash and negligent manner that, when it reached near a place Kallippara, it was capsized. As a result the claimant sustained serious injuries. He was admitted to the Lisa Hospital, Thiruvampadi. He was referred to the Medical College Hospital, Kozhikode. He was also admitted and treated in the MIMS Hospital, Kozhikode. The claimant was treated as inpatient for 35 days. The Tribunal allowed the claimant to realize a sum of ₹1,57,652/- which includes treatment

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M.A.C.A.No.2046 of 2011

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expenses ₹95,252/-. The claimant is aggrieved by the quantum of compensation awarded. The claimant produced Exts.A1 to A5 documents.

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Due to the accident the claimant’s left thump was amputated. The Tribunal observed that on perusal of Exts.A1 to A5 series, it was convinced that he had sustained such serious injuries due to the accident. The percentage of the permanent partial disability is assessed as 30% as per the Workmens’ Compensation Act. The Tribunal found that his permanent partial disabilities to the tune of 30% affected his earning capacity. The petitioner is an agriculturist. According to him, he is earning a monthly income of ₹6,000/-. In the absence of documents proving his income, the Tribunal fixed notional income of ₹2,000/- per month. The accident took place on 28/11/2009. Considering the fact that he is an agriculturist and the year of accident 2009, we think that ₹2,000/- fixed as notional income is too low and inadequate. We therefore re-fix the notional income as ₹4,000/- per month. The compensation amount fixed under the head permanent

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M.A.C.A.No.2046 of 2011

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disability is ₹36,000/-. Assessing the income as ₹4,000/- and applying the same multiplier 5, the claimant is entitled to additional compensation of ₹36,000/-. For loss of earnings for three months only ₹6,000/- awarded as per the Tribunal order. We re-fix the monthly income as ₹4,000/-. Therefore the claimant is entitled to additional compensation of ₹6,000/under the head ‘loss of earning’. Thus, the petitioner is entitled to a total compensation of ₹42,000/- with interest.

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The appeal is partly allowed. The judgment and decree under appeal is modified. The appellant/claimant is allowed to realize an additional sum of ₹42,000/- together with interest @7% per annum from the date of petition till realization. The Insurance Company shall deposit the amount within a period of two months.

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HARUN-UL-RASHID, JUDGE

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ANIL K.NARENDRAN, JUDGE

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skj

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True copy P.A to Judge

K.J.John v. Mohammed Ali

Case brief

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K.J.John v. Mohammed Ali

Case brief

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