This appeal against a Motor Accidents Claims Tribunal award sought higher compensation for permanent disability. The court enhanced the award to Rs.85,600/- using the multiplier method and awarded interest.
Enhanced compensation of Rs.85,600/- awarded with 9% interest, in addition to the previous award; insurers directed 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
WEDNESDAY,THE 24TH DAY OF OCTOBER 2018 / 2ND KARTHIKA, 1940
MACA.NO. 1994 OF 2010
AGAINST THE AWARD IN O.P.(M.V.) NO.569/2006 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA DATED 22-10-2009
APPELLANT/PETITIONER :
JOSE, AGED 49 YEARS, EMPLOYEE OF SOCIAL ACTION FORUM, IRINJALAKKUDA, S/O.DEVASSYKUTTY, ALAPPATT HOUSE, PUTHANCHIRA VADAKKUMMURY DESOM, PUTHANCHIRA.P.O.,, VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
BY ADVS. SRI.THOMAS ABRAHAM
SMT.MERCIAMMA MATHEW SRI.DIPU.R SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR
RESPONDENTS/RESPONDENTS :
1 THE REGISTRAR, KERALA AGRICULTURE UNIVERSITY, VELLANIKKARA, MANNUTHI P.O., THRISSUR TALUK, THRISSUR DISTRICT, PIN-680 651.
2 DINESAN, AGED 39, DRIVER, KERALA AGRICULTURE UNIVERSITY, VELLANIKKARA, MANNUTHI P.O., THRISSUR TALUK, THRISSUR DISTRICT, S/O.MUKUNDAN, NEAR ANAPPARA MOSQUE, KODUVALLY VIA, VAVAD VILLAGE, KOZHIKODE DISTRICT-680651.
3 THE MANAGER, KERALA STATE INSURANCE DEPARTMENT, THRISSUR OFFICE, THRISSUR DISTRICT-680 001.
BY SENIOR GOVERNMENT PLEADER SRI. M.V. ANANDAN BY ADVS. SRI. ROSHAN PAUL, S.C. SRI.K.P.MUJEEB
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA.NO. 1994 OF 2010
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JUDGMENT
This appeal is preferred against the award in O.P.(M.V.) No.569 of 2006 of the Motor Accidents Claims Tribunal, Irinjalakuda by the injured. Appellant sustained injuries in a motor accident and the learned Tribunal awarded compensation of Rs.88,800/- (Rupees Eighty Eight Thousand Eight Hundred only) with 7% interest and proportionate cost. Being aggrieved by that, the injured preferred this appeal. The accident was not disputed by the respondent in the lower court. 1st respondent admitted the accident and the 2nd respondent was ex parte. 3rd respondent/insurer admitted the insurance of the vehicle. Claimant did not adduce any oral evidence, but his documents were marked as Exts.A1 to A7. Respondents evidence was marked as Ext.B1.
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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. In Yadava Kumar v. D.M. National Insurance 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 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.
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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.”
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Permanent disability Rs.70,200/- (4500x12x13x10%). The learned Tribunal awarded Rs.15,600/- on that head. The balance is Rs.54,600/-. Along with that, an additional amount of Rs.10,000/- is awarded for Pain and sufferings, Rs.10,000/for Loss of amenities and Rs.11,000/- for Loss of income. The total enhanced compensation is Rs.85,600/- (Rupees Eighty Five Thousand Six Hundred only). Accordingly, the appellant is entitled to get an enhanced compensation of Rs.85,600/(Rupees Eighty Five Thousand Six Hundred only) with 9% interest and proportionate cost, in addition to Rs.88,800/(Rupees Eighty Eight Thousand Eight Hundred only) awarded
MACA.NO. 1994 OF 2010
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by the learned Tribunal. The insurer is directed to satisfy the award within a period of thirty days from the date of receipt of a copy of this judgment, failing which it will carry 12% interest from the date of default.
M.A.C.A is disposed of as above.
Sd/- P.D. RAJAN, JUDGE
NS
/True Copy/ P.A. To Judge
2 issues framed by the court
Whether the compensation awarded by the Motor Accidents Claims Tribunal was adequate for the permanent disability sustained.
Whether the enhanced compensation should be awarded based on the multiplier method and special circumstances of the claimant.
Colour shows how this judgement treated each authority
Yadava Kumar v. D.M. National Insurance Co. Ltd.Applied¶24
Yadava Kumar v. D.M. National Insurance Co. Ltd. [2010 (8) SCALE 567]
Syed Sadiq and Others V. Divisional Manager, United India Insurance Company LimitedApplied¶34
Syed Sadiq and Others V. Divisional Manager, United India Insurance Company Limited (2014) 2 Supreme Court Cases 735
1 provisions across 1 enactments
Jose
The Registrar, Kerala Agriculture University
Dinesan
The Manager, Kerala State Insurance Department
P.D. Rajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
