Allowed

Umaiban @ Umaibanu v. K.P.Prabhakaran

Kerala HC20 Jun 2018MACA/1790/2015

Case brief

AI extract

What is this about?

Appellant against the Motor Accidents Tribunal award for serious injuries. Court applied Supreme Court guidelines for disability compensation, enhancing the award from approx Rs. 67,500 to Rs. 3,00,000 plus specific interest payments despite significant filing delay.

What did the court decide?

Enhanced compensation of Rs. 3,00,000 awarded; insurer directed to pay balance Rs. 2,32,500 with 12% interest from date of default.

Umaiban @ Umaibanu Vs K.P.Prabhakaran — Motor Accident Claims | Kerala HC (2018)

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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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WEDNESDAY, THE 20TH DAY OF JUNE 2018 / 30TH JYAISHTA, 1940

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MACA.No. 1790 of 2015

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AGAINST THE AWARD IN OP(MV)NO.2588/1995 of II ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE ,DATED 19-07-2005

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---------

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APPELLANT(S)/PETITIONER

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UMAIBAN @ UMAIBANU, AGED 27 YEARS, RESIDING AT PALLIKANDY HOSUE, KARUVISSERY P.O., KOZHIKODE.

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BY ADVS.SRI.JIJI THOMAS SMT.SMITHA MATHEW SRI.P.R.ASHOK KUMAR

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RESPONDENT(S)/RESPONDENTS:

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1. K.P.PRABHAKARAN, S/O. VELAPPAN, AGE NOT KNOW, RESIDING AT ABHILASH NIVAS, MALIKADAVU, KARUVISSERY P.O., KOZHIKODE - 673 010. (OWNER OF THE JEEP NO. KL-11 D 2356)

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2. P.BABURAJAN, S/O. PADMANABHAN, AGED 35 YEARS, RESIDING AT PURAKKAT HOUSE, CHELANNUR, KOZHIKODE - 673 001 , (DRIVER OF THE JEEP NO. KL-11 D 2356)

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3. THE UNITED INDIA INSURANCE CO. LTD, DIVISIONAL OFFICE, WHITE LINES BUILDINGS, KALLAI ROAD, KOZHIKODE .(INSURER OF THE JEEP NO. KL-11 D 2356), REP. BY DIVISIONAL MANAGER.

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R3 BY ADVS. SMT.DEEPA GEORGE SRI.JOHN JOSEPH VETTIKAD

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20-06-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

25.7.2018

P.D.RAJAN, J

- - - - - - - - - - - - - - - - - - - M.A.C.A No.1790 of 2015

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- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20^th day of June, 2018

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JUDGMENT

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This appeal is preferred against the award in O.P(MV) No.2588/1995 of the Addl. Motor Accidents Claims Tribunal - II, Kozhikode by the injured. The appellant who is a minor sustained serious injuries in a motor accident on 22.08.1995 and the learned Tribunal awarded compensation of Rs.94,500/-. Being aggrieved by that, the injured preferred this appeal.

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In the lower court, there was no dispute with regard to the accident and the first and second respondents contested the matter. The insurer admitted the insurance of the vehicle. The claimant's documents were marked as Exts.A1 to A7. The disability certificate was marked as Ext.X1.

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Apex court in Master Mallikarjun vs. Divisional Manager, The National Insurance Company Limited and Anr (2013 ACJ 2445) held as follows:

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M.A.C.A No.1790 of 2015

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-2-

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“12. Though it is difficult to have an accurate assessment of the compensation in the case of children suffering disability on account of a motor vehicle accident, having regard to the relevant factors, precedents and the approach of various High Courts, we are of the view that the appropriate compensation on all other heads in addition to the actual expenditure for treatment, attendant, etc., should be, if the disability is above 10% and upto 30% to the whole body, Rs.3 lakhs; upto 60%, Rs.4 lakhs; upto 90%, Rs.5 lakhs and above 90%, it should be Rs.6 lakhs. For permanent disability upto 10%, it should be Rs.1 lakh, unless there are exceptional circumstances to take different yardstick. In the instant case, the disability is to the tune of 18%. Appellant had a longer period of hospitalization for about two months causing also inconvenience and loss of earning to the parents. The Appellant, hence, would be entitled to get the compensation as follows:”

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In the above case, apex court relied on the decisions reported in Sapna v. United Indian Insurance Co. Limited and Anr (2008 (7) SCC 613) and Kum. Michael v. Regional Manager, Oriental Insurance Co. Limited and Anr. (JT 2013 (3) SC 311). Apex court held that in Master Mallikarjun' case (Supra) held that if the disability is above 10% and upto

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M.A.C.A No.1790 of 2015

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-3-

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30% to the whole body, the compensation is Rs.3,00,000/-. Hence, I award Rs.3,00,000/- towards disability compensation. The learned Tribunal awarded Rs.67,500/-. The balance is Rs.2,32,500/-. The appellant's claim is only Rs.2,00,000/-. In view of Rajesh and Ors. vs. Rajbir Singh and Ors. (2013 ACJ 1403), even though the claim is Rs.2,00,000/- in the interest of justice, in addition to the award amount, the insurer is directed to pay Rs.2,32,500/- (Rupees Two Lakhs Thirty Two Thousand Five Hundred only) as enhanced compensation to the appellant 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. There was delay of 3512 days in filing the appeal and the appellant is not entitled to get interest for that period.

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This appeal is disposed of, accordingly.

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Sd/- P.D.RAJAN

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bng

Umaiban @ Umaibanu v. K.P.Prabhakaran

Case brief

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Umaiban @ Umaibanu v. K.P.Prabhakaran

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