The Motor Accidents Claims Appeal concerned an award of ₹22,000 for injuries sustained in a motor accident in 2010. The court allowed the appeal, increasing the compensation to ₹36,000 based on loss of earnings and other damages.
Awarded additional compensation of ₹36,000 to the appellant to be paid within thirty days.
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 P.D.RAJAN
THURSDAY, THE 29TH DAY OF JUNE 2017/8TH ASHADHA, 1939
MACA.No. 356 of 2017 ()
AGAINST THE AWARD IN OPMV 598/2011 of IV TH ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL/VTH ADDL. DISTRICT JUDGE, KOZHIKODE DATED 13-07-2015
APPELLANT(S)/PETITIONER: -------------------------GOVINDAN, AGED 65 YEARS, S/O.KUNHIKKANNAN, KEDANHOTH THAZHA KUNYIL HOUSE, ERAMALA P.O., ORKATERI VATAKARA TALUK, KOZHIKODE-673308
BY ADV. SRI.ZUBAIR PULIKKOOL
RESPONDENT(S)/RESPONDENT:
THE NEW INDIA ASSURANCE COMPANY LIMITED, THROUGH THE DIVISIONAL OFFICE, VATAKARA-673 101.
R1 BY ADV. SRI.VPK.PANICKER R BY SRI.A.A.ZIYAD RAHMAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
acd
P.D.RAJAN, J.
M.A.C.A.No.356 of 2017
Dated this the 29th day of June, 2017
JUDGMENT
This appeal is preferred by the injured against the award in O.P.(MV) No.598/2011 of Motor Accidents Claims Tribunal, Kozhikode. The appellant sustained serious injuries in a motor accident on 11.9.2010 at about 12.15 p.m, while he was travelling in an autorickshaw bearing Registration No.KL 18 F 8035. The driver was rash and negligent and the vehicle capsized when it reached at the place of occurrence. The learned tribunal awarded a total sum of 22,000/- with₹ 9% interest with proportionate costs. Being aggrieved by that, the injured preferred this appeal.
₹15,000/- for loss of earnings. Ext.A3 is the wound certificate. Ext.A4 is the treatment certificate and Ext.A5 is
the discharge card. The appellant was admitted in the
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hospital for four days. He is a barber by profession. Ext.A3 shows that the appellant sustained multiple abrasion both hand, contusion ® wrist, contusion and abrasion both knee, contusion neck, bennette fracture dislocation and communated fracture base on first meta carpel right . The x- ray result also confirmed the fracture. Ext.A4 is the treatment certificate, which shows that the appellant was admitted in the hospital on 11.9.2010 and discharge on 14.9.2010 and diagnosis shows bennette fracture dislocation, communated fracture base on first metacarpel (R) . Ext.A5 is the discharge card, which also shows that he was admitted in the hospital on 11.9.2010 and discharged on 14.9.2010. The appellant is a barber by profession. In the absence of any documentary evidence, I took monthly income as 7000/-. Hence, the appellant is entitled to get₹ four months loss of income, since he sustained a fracture base on first metacarpel (R), there was a restriction of movement to his right hand which will affect his employment
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as a barber. Hence, in addition to the award amount of
₹22,000/-, the following amount is awarded as additional compensation:
| “Loss of earnings (7000 x4= 28,0 ₹ ( 15,000/- already granted. The ₹ balance amount is 13,000) ₹ |
00/-) : |
13000/- ₹ |
|---|---|---|
| Extra nourishment | : | 2000/- ₹ |
| damages to cloth | : | 1000/- ₹ |
| Pain and sufferings | : | 5000/- ₹ |
| Loss of amenities | : | 10000/- ₹ |
| Medical expense | : | 5000/- ₹ -------------- |
| Total | : | 36,000/- ₹ ========= |
In the absence of any disability, no amount is awarded for permanent disability. The appellant is entitled to get 36,000/- with 9% interest per annum from the date of petition till realisation with proportionate costs. The respondent is directed to pay additional compensation of ₹36,000/- (Rupees thirty six thousand only) in addition to
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the award amount of 22,000/- within thirty days from₹
today, failing which it will carry 12% interest per annum. The appellant is not entitled to get any interest for the delay
period of 259 days.
M.A.C.A. is disposed of.
P.D.RAJAN, JUDGE.
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1 issue framed by the court
Whether the appellant is entitled to additional compensation for loss of earnings and other heads of damages.
GOVINDAN
THE NEW INDIA ASSURANCE COMPANY LIMITED
P.D. RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
