Allowed

Sindhu v. Oriental Insuranc Co. Ltd.

Kerala HC6 Feb 2017MACA/1770/2016

Case brief

AI extract

What is this about?

J.P.D. RAJAN enhanced compensation awarded by Motor Accidents Claims Tribunal for an injured pillion rider. Court allowed additional sum for extended loss of earning period, disability, and future treatment, directing interest on the surplus.

What did the court decide?

Directed respondent to deposit additional Rs. 19,000/- with 8% interest from date of petition till realisation within thirty days.

Sindhu Vs Oriental Insuranc Co. Ltd. — Motor Accident Claims | Kerala HC (2017)

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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 P.D.RAJAN

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MONDAY, THE 6TH DAY OF FEBRUARY 2017/17TH MAGHA, 1938

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MACA.No. 1770 of 2016 ()

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AGAINST THE AWARD IN OPMV 160/2013 of M.A.C.T.,KOZHIKODE DATED 01-08-2013

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APPELLANT(S)/PETITIONER:

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SINDHU, W/O AJITH KUMAR, 34 YEARS, THAZHE KANNOLATH HOUSE, P.O, CHEROOPA, MANAKKATTU, KOZHIKODE.

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BY ADVS.SRI.V.S.CHANDRASEKHARAN SRI.M.V.DAS SMT.LEKSHMI SWAMINATHAN SMT.MARIAN G.M.THARAKAN SRI.S.JAYAKUMAR SRI.N.K.RAMACHANDRAN

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RESPONDENT(S)/3RD RESPONDENT:

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ORIENTAL INSURANC CO LTD, REPRESENTED BY ITS BRANCH MANAGER, DIVISIONAL OFFICE II, PRAMOD BUILDING, CHEROOTTY ROAD, KOZHIKODE- 673 001. R1 BY ADV. DR.ELIZABETH VARKEY R BY SMT.K.S.SANTHI

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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acd

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P.D. RAJAN, J.

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M.A.C.A.No.1770 of 2016

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Dated this the 6^th day of February, 2017

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JUDGMENT

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This appeal is preferred against the award in O.P.(MV) No.160/2013 of Motor Accidents Claims Tribunal, Kozhikode.

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The appellant's case is that on 22.6.2012 at 6.50 p.m. while she

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was travelling as a pillion rider on a motor cycle and reached at the place of occurrence, at that time another autorickshaw hit against the motorcyle, as a result she sustained serious injuries, immediately she was removed to Medical Colelge Hospital, Kozhikode. Subsequently, she approached the tribunal. The respondent insurance company admitted the insurance of the vehicle. No oral evidence has been adduced by the appellant. Hence, her documents were marked as Exts.A1 to A4 and the learned Tribunal awarded a total compensation of 28,500/-.₹

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Being aggrieved by that, she preferred this appeal.

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M.A.C.A.No.1770/2016

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In a motor accident case, the injured is entitled

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to get just compensation. As per Ext.A2, she sustained a chip fracture medial condyle of right femur and lacerated wound 5 x 3 x 2 cm on right knee. She has restriction of Rom of (R) knee, partial difficult to squat, climb stair and to set cross-leg. Her percentage of disability (both physical and functional) is 18% only. In this context, I have perused the compensation awarded by the tribunal on each head. For loss of earning awarded 7,000/-,₹ transport to hospital 500/-, damage to clothing and₹ other articles 500/-, Extra nourishment 500/-, pain₹ ₹ and suffering 15,000/- and loss of amenities of life₹ ₹5,000/-. Even though Ext.A4 was issued by the doctor, no evidence has been adduced by the appellant to show that her disability affected her earning capacity. Therefore, she is not entitled to get any amount for loss of earning power. When human body sustained a fracture, it is sure that the person who sustained injury, must have

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M.A.C.A.No.1770/2016 3

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affected with some disability. Therefore, she is entitled to

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get some amount for disability.

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Both parties admitted that the injured

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sustained a fracture to femur. It will take minimum six

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months period for recovery of femur fracture, but the tribunal considered only two months for loss of earnings. There is no evidence to prove the income of the injured, in

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the absence of such evidence, the income taken by the tribunal is reasonable and no further increase on that head is necessary. But, considering the peculiar circumstances, she is entitled to get additional two months for loss of earnings and also compensation for disability and future treatment. Therefore, the appellant is entitled to get additional 7000/- (3500 x 2) for loss₹ of earnings and 12,000/- for disability and future₹ medical expenses. Hence I award additional 19,000/- in₹ addition to the award amount of ₹28,500/-. The respondent insurance company is directed to deposit

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M.A.C.A.No.1770/2016 4

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additional amount of 19,000/- with 8% interest from the₹

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date of petition till realisation with proportionate costs

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within thirty days from today.

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M.A.C.A. is disposed of as above.

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P.D. RAJAN, JUDGE.

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acd

Sindhu v. Oriental Insuranc Co. Ltd.

Case brief

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Sindhu v. Oriental Insuranc Co. Ltd.

Case brief

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