Motor Accidents Claims Appeal where the High Court enhanced compensation awarded by the Tribunal for a pillion rider injured in a bus collision, increasing damages for loss of earnings, pain and suffering, and loss of amenities based on his age and injuries.
Additional compensation of ₹65,100 granted with 8% interest from the date of petition.
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 C.T.RAVIKUMAR
&
THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH
WEDNESDAY, THE 18TH DAY OF MAY 2016/28TH VAISAKHA, 1938
MACA.No. 2258 of 2011 ()
AGAINST THE AWARD IN OP(M.V)Nos.1296 & 1297 2006 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM DATED 12.5.2011
APPELLANT/ORIGINAL PETITIONER:
LIJU MATHEW, AGED 22 YEARS, S/O.MATHEW, PADANEPPILLY HOUSE, CHANDIROOR P.O., AROOR, ALAPPUZHA DISTRICT.
BY ADVS.SRI.K.K.APPU
SRI.ISAC SANJAY
RESPONDENT/3RD RESPONDENT.:
THE ORIENTAL INSURANCE CO.LTD BRANCH OFFICE, NEDUVELIL BUILDING, PAZHAVANGADI P.O., RANNI, PATHANAMTHITTA DISTRICT-689 673.
R3 BY ADV. SRI.GEORGE CHERIAN SMT.K.S.SHANTHI
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.T.RAVIKUMAR & K.P.JYOTHINDRANATH, JJ.
M.A.C.A.No.2258 of 2011
Dated 18th May, 2016
JUDGMENT
Jyothindranath, J.
This appeal is preferred by the claimant in O.P.(M.V) No.1297 of 2006, on the files of the Motor Accidents Claims Tribunal, Ernakulam. The challenge is against the award dated 12.5.2011 made therein. When the appeal came up for hearing counsel for the appellant submitted before us that he is aggrieved by the quantum of compensation awarded to the claimant, who sustained very grievous injuries in the accident.
While the appellant was riding as a pillion rider on a two wheeler bearing Reg.No.KL-7 AT-4809, it met with a motor vehicle accident involving another Mini Bus bearing Reg.No.KL-2.L 1415. In that accident, the appellant herein sustained very grievous injuries and was treated as inpatient for about 19 days. Alleging negligence on the side of the driver of the Mini Bus, a compensation claim was moved
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before the Tribunal. The Tribunal found that the negligence is on the side of the driver of the Mini Bus and a compensation of 1,46,223/-₹ was awarded. Aggrieved by the said compensation, this appeal is preferred.
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amount of 6,000/- can be considered. But, surely, he was not₹ permanently employed at that point of time. There is nothing before this Court regarding his qualification. Under such circumstances, considering all aspects including the fact that the accident occurred in 2006 we feel that an amount of 5,000/- can be considered as his₹ monthly income for assessment purpose. The Tribunal considered two months for assessing loss of earnings. In this case, it can be seen that the claimant sustained fracture of Naso ethemoidal complex and also there was loss of teeth. Two upper teeth are seen lost and it can be further seen that there was fracture of two other lower teeth. It is also submitted by the counsel that subsequently those teeth were also extracted. Thus, naturally, three months' period has to be considered for loss of earnings.
On the head of loss of earnings' a sum of 7,000/- is₹ granted that is, ( 5000 + 2000). Towards transportation expenses'₹ ₹ only an amount of 1,000/- is seen granted. After discharge, he₹
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continued his treatment with the Dental Department in the hospital. Thus, an additional sum of 1000/- is granted on this head. An₹ additional sum of 500/- is granted towards damage to clothing and₹ articles' as only an amount of 500/- is seen granted under the said₹ head. Here is a case where there is fracture on the Naso ethemoidal complex. Thus, naturally, liquid food feeding will be necessary for a long period. He may not be able to take ordinary food for a long time. Considering all these aspects an amount of 5,000/- is granted towards₹ extra nourishment'. Towards compensation for pain and sufferings' only a sum of 15,000/- is seen granted. Considering the fact that₹ there was Pneumocephalus as well as there is a fracture pertaining to Naso ethemoidal complex we feel that an additional sum of 10,000/-₹ can be granted on this head. Only a sum of 15,000/- is seen granted₹ towards loss of amenities and enjoyment in life'. In this case, it is alleged that there is loss of four teeth. Surely, it will adversely affect his amenities. More over, the fracture is on the face and there will be some disfiguration. Apart from this, it may even affect his marriage prospects as the age of the appellant was only 22 years at the time of the accident. Considering all these aspects, towards compensation for loss of amenities and enjoyment in life, disfiguration, adverse effect on marriage prospects an additional sum of 20,000/- granted. The₹
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appellant is entitled for an additional sum of 21,600/- on the head₹ `loss of earning power' as we have considered an amount of 5,000/-₹ as his monthly income and 10% disability is seen assessed by the Medical Board.
Thus, the appellant is entitled for a total additional compensation of 65,100/-. This additional compensation will bear 8%₹ interest from the date of petition. The amount shall be deposited by the 3rd respondent within two months from the date of receipt of copy of this judgment. No costs.
Sd/-
C.T.RAVIKUMAR Judge
Sd/-
K.P.JYOTHINDRANATH
Judge
TKS
LIJU MATHEW
THE ORIENTAL INSURANCE CO.LTD
C.T.RAVIKUMAR
K.P.JYOTHINDRANATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
