Allowed

Mathew @ Mathachi v. Ajayan and Others

Kerala HC11 Nov 2014MACA/723/2010

Case brief

AI extract

What is this about?

In this Motor Accident Claims Appeal, the High Court modified the Tribunal's award by enhancing the petitioner's monthly income from `1,500 to `3,000, approving a 10% disability rating despite the absence of a specialist certificate, and directing the insurer to pay an additional `34,200 with 9% interest.

What did the court decide?

Additional compensation of Rs. 34,200 with 9% interest from the date of the claim petition to realization, directed to be deposited by the insurer within two months.

Mathew @ Mathachi Vs Ajayan and Others — 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 THOTTATHIL B.RADHAKRISHNAN &

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THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH

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TUESDAY, THE 11TH DAY OF NOVEMBER 2014/20TH KARTHIKA, 1936

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MACA.No. 723 of 2010

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AGAINST THE AWARD IN OPMV 983/2006 of MOTOR ACCIDENTS CLAIMS TRIBUNAL,THODUPUZHA

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APPELLANT/PETITIONER:

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MATHEW @ MATHACHI, AGED 64,

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S/O.OUSEPH, PUTHETTU HOUSE, KOCHUMULLAKKANAM KARA BAISONVALLEY VILLAGE.

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BY ADVS.SRI.C.K.VIDYASAGAR SRI.P.CHANDY JOSEPH

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RESPONDENTS/RESPONDENTS:

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AJAYAN, 6/118, AJAYASACANAM, POOPPARA.P.O, IDUKKI.

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THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, EBANEZER GARDEN, EDAPPALLY H.S.JUNCTION COCHIN-24.

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ADDL.R 3. MUNIYANDI @ RATHEESH,

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S/O.KARUPPUSWAMY, KARICKAL HOUSE, POOPPARA KARA POOPPARA VILLAGE, IDUKKI DISTRICT.

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R2 BY ADV. SRI.P.JAYASANKAR

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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THOTTATHIL B. RADHAKRISHNAN & BABU MATHEW P. JOSEPH, JJ. ========================= M.A.C.A. No. 723 OF 2010

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========================= Dated this the 11^th day of November, 2014

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JUDGMENT

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Thottathil B. Radhakrishnan, J.

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This appeal is by the claimant. He met with road traffic accident on 4.8.2006.

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We have heard the learned counsel for the appellant and the learned counsel for the insurer.

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The two issues raised by the appellant are about the refusal of the Tribunal to grant compensation for loss of earning disability and in the matter of fixation of the income for fixing the loss of earnings.

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The petitioner claimed that his monthly income was `5000/-. He was 64 years at the time of accident. According to him, he was an agriculturist. We are inclined

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MACA 723//10

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to take 3000/- as the monthly income in supersession of the Tribunal's view that the monthly income is to be taken as 1500/-.

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Ext.A14 is the certificate issued by the doctor assessing his disability at 15%. True, the said doctor has not stated that he had 10 years of experience. The Tribunal noted a decision of this Court reported in Saramma Scaria v. Mathai [2002(2)KLT 404] pointing out that the Tribunal should, in appropriate cases, depending upon the facts, see that the disability certificate is obtained from a specialist doctor with not less than 10 years of standing in the specialty concerned. We are not inclined to take the view that this is a case which could be treated as one where that procedure should have been adopted. In this case, there is nothing unusual about the doctor who treated the claimant at the first instance having issued the certificate assessing the loss of disability for the purpose of assessing

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MACA 723//10 3

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compensation for such loss. That doctor is a Civil Surgeon and an Orthopedic Surgeon. He treated the patient in the Community Health Centre. He also treated him immediately after the accident. He has assessed the percentage of disability. However, the disability certificate does not state the measure of occupational disability. Under such circumstances, we take it that such disability can be reasonably assessed at 10%. With this, the applicable multiplier will be 7. This takes the compensation for loss of earning power to be 3000x12x7x10/100= 25,200/-. The Tribunal has taken the view that the appellant would have suffered total loss of earning for six months. Applying 3000/- as the monthly income, the said amount works out at 18,000/-, that is 9,000/- over and above the amount of 9,000/awarded by the Tribunal towards loss of earning. Thus, the additional amount due under this appellate award is (18,000 - 9,000) = 9,000 + 25,200 = 34,200/-.

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MACA 723//10

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In the result, this appeal is allowed in part

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awarding an amount of `34,200/- (Rupees thirty four thousand and two hundred only) as the additional compensation due to the appellant. The amount enhanced hereby will carry interest at the rate of 9% per annum from the date of the claim petition till realization. The Insurance Company is directed to satisfy this award and make deposit within a period of two months from today. The award of the Tribunal will stand modified accordingly.

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Sd/- THOTTATHIL B. RADHAKRISHNAN JUDGE

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Sd/BABU MATHEW P. JOSEPH JUDGE

ks.

True copy

P.S. TO JUDGE

MACA 723//10 5

Mathew @ Mathachi v. Ajayan and Others

Case brief

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Mathew @ Mathachi v. Ajayan and Others

Case brief

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