The High Court allowed an appeal against the Motor Accidents Claims Tribunal's award of Rs.40,000 for injuries sustained in a road accident. The Court enhanced the compensation to Rs.65,500 with interest, finding the original award inadequate given the permanent disability.
Enhanced compensation of Rs.65,500 with 9% interest and proportionate costs awarded to the appellant.
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 22ND DAY OF NOVEMBER 2018 / 1ST AGRAHAYANA, 1940
M.A.C.A.No. 1688 of 2009
AGAINST THE AWARD IN OPMV 3863/2002 of PRINCIPAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE DATED 02-02-2009
APPELLANT/CLAIMANT:
SHARFUDHEEN, S/O AMMED, AGED 30 YEARS, KARUVANKANDY HOUSE, POST VELLAMUNDA, MANANTHAVADI, WYNAD.
BY ADV. SMT.K.V.RESHMI
RESPONDENTS/RESPONDENTS:
1 NAZAR, S/O MOOSA,AYATHU VEEDU, 4TH MILE, NELLOORANADU, KELLOOR P.O., MANANTHAVADI, WYNAD - 670 645
2 MUHAMMED ALI, S/O. ANDRU, EDAVATTAN VEEDU, P.O.PUTHUPPADI, KOZHIKODE.
3 NEW INDIA ASSURANCE CO.LTD. BRANCH OFFICE, NCT BUILDING, WYNAD.
BY ADV. SRI.VPK.PANICKER
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This appeal is preferred against the award in OP(MV) No. 3863 of 2002 of the Motor Accidents Claims Tribunal, Kozhikode by the injured. On 6-11-2002 at 6 pm, the appellant sustained injuries in a motor accident, while travelling in a jeep and the learned Tribunal awarded compensation of Rs.40,000/- (Rupees Forty Thousand Only) with 6% interest and proportionate coast. Being aggrieved that, the injured preferred this appeal.
were marked as Exts. A1 to A6. Ext. C1 is the disability certificate.
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Co. Ltd. (2010 (8) SCALE 567) Apex Court reiterated the principle in relation to the assessment of damages for personal injuries cases as follows:
“ We do not intend to review in detail state of authorities in
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relation to assessment of all damages for personal injury. Suffice it to say that the basis of assessment of all damages for personal injury is compensation. The whole idea is to put the claimant in the same position as he was insofar as money can. Perfect compensation is hardly possible but one has to keep in mind that the victim has done no wrong; he has suffered at the hands of the wrongdoer and the court must take care to give him full and fair compensation for that he had suffered.
10. In some cases for personal injury, the claim could be in respect of lifetime's earning lost because, though he will live, he cannot earn his living. In others, the claim may be made for partial loss of earnings. Each case has to be considered in the light of its own facts and at the end, one must ask whether the sum awarded is a fair and reasonable sum. The conventional basis of assessing compensation in personal injury cases, and that is now recognised mode as to the proper measure of compensation-is taking an appropriate multiplier of an appropriate multiplicand.”
In injury cases the damages are to be assessed separately as pecuniary and special damages. The object is to compensate injury so far as money can compensate. When compensation is to be awarded for pain, suffering and loss of amenities in life, special circumstances of the claimant have to be taken into account. Amount of compensation for non-pecuniary loss is not easy to determine, but award must reflect that different circumstances have been taken into consideration. Hence, the multiplier method has to be followed to calculate pecuniary loss upon annual basis.
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1.Pain and suffering Rs.10,000/2.Loss of amenities Rs. 10,000/3.Permanent disability Rs. 35,000/-
4.Loss of earning for three months Rs.10,500/-
Total Rs.65,500/-
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satisfy the award amount within 30 days from the date of receipt of a copy of this judgment, failing which it will carry
12% interest from the date of default.
This appeal is disposed of, as above.
nak
P.D.RAJAN, JUDGE
2 issues framed by the court
Whether the award of compensation of Rs.40,000 granted by the Tribunal adequately compensates the appellant for permanent disability and other heads of damage.
Whether the appeal challenging the lower court award should be allowed based on the assessed multiplier method and the nature of injuries sustained.
Colour shows how this judgement treated each authority
Yadava Kumar v. D.M. National Insurance Co. Ltd.Referred¶25
Yadava Kumar v. D.M. National Insurance Co. Ltd. (2010 (8) SCALE 567)
SHARFUDHEEN
NAZAR
MUHAMMED ALI
NEW INDIA ASSURANCE CO.LTD
P.D.RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P.D.RAJAN
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