Allowed

Saju K v. M/S United India Insurance Company Ltd.

Kerala HC9 Oct 2018MACA/2725/2012

Case brief

AI extract

What is this about?

This Court allowed the motor accident claims appeal to enhance the compensation award. The court raised the notional monthly income from ₹3,000 to ₹4,000 and accepted 20% whole body disability. It calculated enhanced compensation for loss of earning, disability, bystander expenses, amenities, and pain and suffering.

What did the court decide?

Total balance compensation of ₹1,28,700 to be paid with interest @ 7.5% p.a. from date of claim petition within six weeks.

Saju K Vs M/S United India Insurance Company Ltd. — 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.R.RAMACHANDRA MENON

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TUESDAY ,THE 09TH DAY OF OCTOBER 2018 / 17TH ASWINA, 1940

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MACA.No. 2725 of 2012

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AGAINST THE AWARD IN OPMV 50/2005 of M.A.C.T., THALASSERY DATED 05-05-2012

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APPELLANT/S:

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SAJU K., S/O.BALAKRISHNAN, "SHETHAL", KANNOTHUMCHAL, OPPOSITE INCOME TAX OFFICE, P.O.CHOVVA, KANNUR-6.

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BY ADV. SRI.M.V.AMARESAN

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RESPONDENT/S:

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M/S UNITED INDIA INSURANCE COMPANY LTD., PAYYANNUR, KANNUR DISTRICT, PIN-670307.

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BY ADVS. SRI.JOHN JOSEPH VETTIKAD(B/O,NO MEMO) SMT.R.REMA SRI.JOHN JOSEPH VETTIKADBONO MEMO

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

M.A.C.A.2725/2012

J U D G M E N T

The appeal is filed for enhancement of the

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compensation awarded by the Tribunal.

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On 30.03.2004 the appellant was proceeding as a pillion rider on a motorcycle, when he was knocked down by a goods autorikshaw insured by the respondent causing serious injuries, which led to the claim petition. Existence of a valid policy was admitted. Evidence tendered before the Tribunal consists of the oral testimony of the claimant examined as PW1 and the doctor examined as PW2, who had issued disability certificate. Based on the materials on record, the Tribunal arrived at a finding that the accident was only because of the negligence on the part of the driver of the autorikshaw.

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The claimant contented that he was employed as an accountant with a monthly income of ₹6,000/-,

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which was sought to be established with reference to Ext.A10 certificate. On going through a copy of the

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M.A.C.A.2725/2012 3

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same, it is seen that it is only a

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letter/communication issued by an 'LIC agent' as to the alleged engagement of the claimant as an

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accountant-cum-clerk in his office for three months

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from 30.03.2004 to 30.06.2004. The Tribunal held

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that the issuing authority of the said certificate was not examined and hence it was not liable to be accepted. It was accordingly, that the Tribunal fixed the notional monthly income as ₹3,000/-. However, considering the fact that the claimant had mounted the box to depose his avocation and income, this Court finds it appropriate to cause the same to be raised to ₹4,000/- per month for working out the

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compensation. It is ordered accordingly.

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appellant/claimant have resulted in a disability of

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40%, with a whole body disability of 20%. PW2 Doctor

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was examined before the Tribunal in this regard. No incriminating circumstances were brought about to discredit his testimony; despite which the Tribunal

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M.A.C.A.2725/2012 4

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reduced the percentage of whole body disability to 10%. This Court does not find any reason to approve the said course. The entire extent of whole body disability of 20% as certified by the Doctor is accepted.

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The amounts awarded by the Tribunal under

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different heads are in the following terms:

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Sl. No.	Head of claim	Amount claimed (in Rupees)	Amount awarded (in Rupees)	Basis-Vita details in nutshell	l a
1.	Loss of earning (Total)	10,000	12,000	@ Rs.3,000 month for months	per 4
2.	Loss of earning (partial)	--	--	--
3.	Medical and miscellanious expenses	30,000	19,050	Supported Ext.A4 Ext.A5 series	by and
4.	Future treatment	--	--	--
5.	Bystander expenses	--	1,400	@Rs.100 for days.	14
6.	Transportation expenses	20,000	2,000	Considering admission hospital t times.	the to hree
7.	Extra nourishment	50,000	2,000	Considering injuries	the
8.	Damage to clothing etc.	20,000	500	Moderate rate
9.	Pain and suffering	20,000	16,000	Considering injuries	the

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M.A.C	.A.2725/2012	5
10.	Disability income	30,000	64,800	3,000x12x18x10/1 00
11.	Loss of consortium	--	--	--
12.	Loss of love and affection	--	--	--
13.	Loss of estate	--	--	--
14.	Loss/reduction in earning capacity	--	--	--
15.	Loss of amenities and conveniences etc.	--	3,000	Considering the injuries
16.	Any other heads (Review expenses)	--	--	--
	Total		1,20,750/- (One Lakh twenty thousand seven hundred and fifty only)	With interest at the rate of 7.5% per annum and proportionate cost.

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By virtue of the change in notional monthly income and the higher extent of whole body disability, enhancement is required under certain heads. The loss of earning will come to 16,000/-₹ (₹4000x4). After giving credit to the sum of 12,000/-₹ awarded by the Tribunal, the balance payable comes to ₹4,000/-. Bystander expense have been awarded only at the rate of 100/-₹ , for 14 days. It is enhanced to

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M.A.C.A.2725/2012 6

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₹150/- per day. Hence, a further amount of ₹700/- (150x14-100x14) is granted under this head. Compensation for disability comes to

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4000x12x18x20/100= 1,72,800/-. After giving credit₹ to the sum of 64,800/- awarded by the Tribunal, the₹

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balance payable comes to ₹1,08,000/-. The Tribunal has awarded only a sum of 3,000/- towards loss of₹

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amenities and enjoyment in life, which requires to be enhanced by a further sum of ₹12,000/-. It is awarded accordingly. In view of the seriousness of injuries and the different spells of hospitalisation, an additional amount of ₹4,000/- is awarded towards pain and sufferings over and above the amount awarded by the Tribunal. Thus, the total balance compensation payable comes to ₹1,28,700/- (Rupees one lakh twenty eight thousand and seven hundred only) which requires to be satisfied with interest @ 7.5% per annum from the date of the claim petition, till satisfaction. The amount as above shall be deposited by the respondent Insurance Company at the earliest,

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M.A.C.A.2725/2012

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at any rate within six weeks from the date of receipt

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of a copy of this judgment.

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Appeal stands disposed of.

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Sd/-

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P.R.RAMACHANDRA MENON

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JUDGE

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Saju K v. M/S United India Insurance Company Ltd.

Case brief

What is this about?

What did the court decide?

Saju K v. M/S United India Insurance Company Ltd.

Case brief

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What did the court decide?

What the court decided

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