Allowed

Saneesh P.R. v. Gopal Sharma

Kerala HC18 Sept 2017MACA/1970/2014

Case brief

AI extract

What is this about?

This appeal challenged the Motor Accidents Claims Tribunal's low award of Rs.38,100 for a minor injury sustained by the appellant. The Court increased the loss of earning component to Rs.15,000 based on the appellant's stated profession, awarding an additional balance of Rs.8,000 to the appellant.

What did the court decide?

Additional compensation of Rs.8,000 for loss of earning granted; cost and 9% interest from date of petition till realisation awarded; 12% interest from date of petition if payment not made within thir

Saneesh P.R. Vs Gopal Sharma — 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 18TH DAY OF SEPTEMBER 2017/27TH BHADRA, 1939

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MACA.NO. 1970 OF 2014 ()

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AGAINST THE AWARD IN O.P.(M.V.) NO.373/2010 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, OTTAPPALAM DATED 24.06.2013

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APPELLANT(S)/PETITIONER:

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SANEESH P.R, AGED 28 YEARS, S/O RAJAN, PALAYAM HOUSE, KOOTTALA P.O., MULAYAM, THRISSUR DISTRICT.

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BY ADV. SRI.SHEJI P.ABRAHAM

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RESPONDENT(S)/RESPONDENTS:

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1. GOPAL SHARMA, AGED 40 YEARS, S/O RAMASHAHAL SHARMA, HOUSE NO.456, MADIMAVU, PERUVALLUR P.O., MULLASSERY THRISSUR, (OWNEWR CUM DRIVER OF BIKE NO KL-08/AG-303).

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2. UNITED INDIA INSURANCE COMPANY,

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BRANCH OFFICE, FAIZAL BUILDING, OTTAPALAM, POLICY NO.101206/31/09/01/00000533 VALID FROM 30-04-2009 TO 29-04-2010

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R2 BY ADV. SMT.DEEPA GEORGE

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BY SRI.JOHN JOSEPH VETTIKAD

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18-09-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.D. RAJAN, J.

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M.A.C.A. No.1970 of 2014

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Dated this the 18^th day of September, 2017

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J U D G M E N T

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This appeal is preferred against the award in O.P.(M.V.) No.373 of 2010 of the Motor Accidents Claims Tribunal, Ottapalam. The appellant sustained injuries in a motor accident on 24.03.2010 at 9.00 a.m., at Mavinchuvadu. The learned Tribunal awarded a sum of Rs.38,100/- with 9% interest per annum from the date of petition till realisation with proportionate cost. Being aggrieved by that, he preferred this appeal.

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Appellant’s case in the trial court was that on

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24.03.2010 at 9.00 a.m., while he was travelling as a pillion rider in a motorcycle bearing Registration No.KL-8/1523 through Guruvayoor- Choondal road and when he reached at the place of occurrence, another vehicle KL-8/AG-303 ridden by the 1^st respondent in a rash and negligent manner hit against the appellant’s vehicle as a result, he fell down on the road and sustained serious injuries. Immediately he was removed to Abdul

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M.A.C.A. No.1970 of 2014 2

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Wahab Memorial Rajah Hospital, Muthuvattor and thereafter Medical College hospital, Thrissur. In the trial court, the driver cum owner of the vehicle was set ex parte. The insurer admitted the insurance of the vehicle. The petitioner did not adduce any oral evidence in the court below but his documents were marked as Exts.A1 to A9. Respondent did not adduce any evidence.

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The learned counsel appearing for the appellant contended that the loss of income taken by the tribunal is very low. The appellant is an AC Mechanic by profession and was getting an amount of Rs.5,000/- per month but the learned tribunal took only Rs.3,500/- as his monthly income and granted only Rs.7,000/- on that head. Ext.A2 is the wound certificate, Ext.A7 is the discharge summary, Ext.A9 is the Medical Bill. Ext.A2 shows that the appellant sustained swelling over left parietal region, abrasion left shoulder region, abrasion left side of face, bleeding from left ear, fracture left temporal bone, mild subarachnoid hemorrhage right side. It is further noted as traumatic brain injury, fracture of mastoid part of

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M.A.C.A. No.1970 of 2014 3

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temporal bone left side involving the condylar fossa. He was treated in the hospital for twelve days. The learned tribunal awarded the following amounts as compensation. Loss of earning Rs.7,000/- (Rs.3500x2), Medical and miscellaneous expenses Rs.4,300/-, Bystander expenses/personal assistance Rs.2,400/-, transportation expenses Rs.1,500/-, extra nourishment Rs.2,400/-, damage to clothing etc. Rs.500/-, pain and sufferings Rs.15,000/-, loss of enjoyment and amenities in life Rs.5,000/-. The total compensation awarded by the tribunal is Rs.38,100/-.

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It is true that the injured in a motor accident claim petition is entitled to get just amount as compensation. Apex court in Syed Sadiq and Others v. Divisional Manager, United India Insurance Company Limited (2014) 2 Supreme Court Cases 735 it was held that where the injured is working as a coolie and he stated that he was earning Rs.4,000/- per month as his monthly income, in the absence of any other documentary evidence, that income has to be admitted. In

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M.A.C.A. No.1970 of 2014 4

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Syed's case (Supra) , the trial court reduced the income from Rs.4,500/- to Rs.3,000/- but in view of the direction of the Apex Court the statement of the injured has to be admitted.

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Considering the above decision rendered by

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the Apex Court, I am of the view that, in the absence of any evidence, reducing the income from Rs.5,000/- to Rs.3,500/- by the learned Tribunal is unsustainable and the appellant is entitled to get Rs.5,000/- as his monthly income. Accordingly, an amount of Rs.15,000/(Rs.5000x3) is hereby granted for loss of income for three months. The learned tribunal already granted Rs.7,000/[two months loss of income by taking Rs.3,500/- as his monthly income] therefore, he is entitled to get the balance amount Rs.8,000/- on that head. Even though, the appellant contended that he sustained fracture, no oral evidence has been adduced in the trial court to prove that he sustained any disability in the accident and which resulted in his earning capacity. Accordingly, the appellant is entitled to get an additional amount of

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M.A.C.A. No.1970 of 2014 5

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Rs.8,000/- with 9% interest per annum from the date of petition till realisation with proportionate cost in addition to Rs.38,100/- awarded by the learned tribunal. The respondent insurance company is directed to satisfy the award within thirty days from the date of receipt of a copy of this judgment, failing which it will carry 12% interest from the date of petition.

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This appeal is disposed of as above.

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Sd/- P.D. RAJAN, JUDGE

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/ True Copy /

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P.A. To Judge

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Saneesh P.R. v. Gopal Sharma

Case brief

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Saneesh P.R. v. Gopal Sharma

Case brief

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