The High Court enhanced compensation for an appellant with 50% permanent disability from Rs. 40,000 to Rs. 3,77,500 (additional Rs. 3,37,500), citing Supreme Court guidelines on multiplier method and injury assessment.
Appellant entitled to enhanced compensation of Rs. 3,37,500 with 9% interest and costs; insurer to pay within 30 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
MONDAY ,THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940
M.A.C.A.No. 183 of 2009
AGAINST THE AWARD IN OPMV 1464/1999 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE DATED 08-02-2007
APPELLANT/PETITIONER:
SHANAVAS
DARUSSALAM, NALAKATHU VALAPPIL HOUSE, CHEKAMBRA P.O., MALAPPURAM DISTRICT.
BY ADVS. SRI.R.SUDHISH SMT.M.MANJU
RESPONDENTS:
1 K.P.ABDUL SALEEM MAMMAYAMTHODI, NILAM PARAMBA, FRANCIS ROAD, KOZHIKODE.
2 K.P.RIYAS SO.CHERIYA MUHAMMED K.P.HOUSE, RAMANATTUKARA P.O., KOZHIKODE.
3 NATIONAL INSURANCE CO. LTD. BRANCH OFFICE, P.B.NO. 11, NOOR COMPLEX, MAVOOR, ROAD, KOZHIKODE.
BY ADVS. SRI.SAJEEVAN KURUKKUTTIYULLATHIL SMT.KOCHUMOL KODUVATH SRI.E.M.JOSEPH SRI.JACOB ABRAHAM
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
M.A.C.A.No. 183 of 2009 2
JUDGMENT
This appeal is preferred against in O.P.(MV) No.1464 of 1999 of Motor Accidents Claims Tribunal, Kozhikode by the injured. Appellant sustained injuries in a motor accident and the learned Tribunal awarded compensation of Rs.40,000/- with 6% interest and cost. Being aggrieved by that, injured preferred this appeal.
M.A.C.A.No. 183 of 2009 3
He claimed Rs.2,500/- as monthly income. He has permanent disability of 50% after the accident which was not considered by the Tribunal.
in relation to the assessment of damages for personal injuries cases as follows:
M.A.C.A.No. 183 of 2009 4
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.
disability cases would differ from person to person according to the nature of injury. Vast discretion is vested with the court for assessment of just compensation in injury cases. There can be no uniform standard and yardstick provided for assessing such compensation. When two persons sustain similar injury, that can attract the same compensation, but the heads under which, compensation can be attributed are truly amazing. The scope for
M.A.C.A.No. 183 of 2009 5
awarding general damages and special damages are too wide for articulation. It is settled law that compensation for injury claims would be higher than that in death cases. The reason is that the injured has to suffer disability for the remaining period of his life. Generally in practical terms it is found that discretion vested in assessment has to be on the basis of injury sustained to the victim and also on the nature of evidence in that case.
| Sl.No | Head of earnings | Amount awarded by the lower court(in Rs) |
|---|---|---|
| 1 | Medical bills including hospitalisation charges and incidental charges |
16,000/- |
| 2 | Pain and suffering | 20,000/- |
| 3 | Loss of amenities and inconvenience |
3,000/- |
| 4 | Transportation | 1,000/- |
| Total | 40,000/- |
M.A.C.A.No. 183 of 2009 6
Sd/-
P.D.RAJAN
ACM 2.10.2018
JUDGE
2 issues framed by the court
Whether the quantum of compensation awarded for a 50% permanent disability was adequate and required enhancement?
How to calculate loss of income and special damages including pain, suffering, and loss of amenities in permanent injury cases?
Colour shows how this judgement treated each authority
Yadava Kumar v. D.M. National Insurance Co. Ltd.Explained¶3
Yadava Kumar v. D.M. National Insurance Co. Ltd. [2010 (8) SCALE 567]
Rajesh v. RagbirRelied on¶8
Rajesh v. Ragbir [2013(3)KLT89(SC)]
1 provisions across 1 enactments
SHANAVAS DARUSSALAM
K.P.ABDUL SALEEM MAMMAYAMTHODI
NATIONAL INSURANCE 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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