The High Court allowed an appeal against the Motor Accidents Claims Tribunal award. The Court enhanced compensation for permanent disability by considering the applicant's retired income (Rs. 4,000/month) instead of treating him as an auto driver, allowing an additional Rs. 2,12,000.
Enhanced compensation of Rs. 2,12,000 with 7.5% interest directed to the insurer.
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 13TH DAY OF JUNE 2018/ 23RD JYAISHTA, 1940
MACA.NO. 3300 OF 2016
AGAINST THE AWARD IN O.P.(M.V.) NO.1830/2006 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR DATED 18-07-2016
APPELLANT(S)/PETITIONER :
KUTTAPPAN,S/O KORAPPAN, KODAPULLY HOUSE, PARAKKODU, P.O PALAKKAPARAMBU, (VIA) ALAGAPPANAGAR, THRISSUR DISTRICT.
BY ADV.SRI.P.V.CHANDRA MOHAN
RESPONDENT(S)/RESPONDENTS:
1. K.K.SURYAN,KOMBATH HOUSE, MADAVAKARA, CHITTISSERY P.O., THRISSUR DISTRICT.
2. JOY,S/O DEVASSY, CHAKLATHI HOUSE, AINIKKALMOOLA, VARAKKARA, AMBALLOOR, THRISSUR DISTRICT.
3. UNITED INDIA INSURANCE CO. LTD, SIMIS COMPLEX, KURUPPAM ROAD, THRISSUR-680001.
R1-R2 BY ADVS. SRI.PRATHEESH.P SMT.RENY ANTO R3 BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT BY ADV.SRI.JOHN JOSEPH VETTIKAD
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
NS
P.D. RAJAN, J.
M.A.C.A. Nos.3300 of 2016
---------------------------------Dated this the 13th day of June, 2018
J U D G M E N T
This appeal is preferred against the award in O.P.(M.V.) No.1830 of 2006 of the Motor Accidents Claims Tribunal, Thrissur by the injured. Appellant sustained injuries in a motor accident on 10.02.2006 and the learned Tribunal awarded compensation of Rs.3,63,022/- (Rupees Three Lakh Sixty Three Thousand Twenty Two only) with interest and cost. Being aggrieved by that, the injured preferred this appeal.
M.A.C.A. Nos.3300 of 2016 2
but the learned Tribunal considered him as an auto driver and low amount was awarded towards permanent disability.
M.A.C.A. Nos.3300 of 2016 3
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.
M.A.C.A. Nos.3300 of 2016 4
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 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.
M.A.C.A. Nos.3300 of 2016 5
that, in Ext.X1 the injured was mentioned as an auto driver. In Ext.A9 it was confirmed that he was working in Apollo Tyres and retired from service on 09.01.2014, the Tribunal also noticed the injuries sustained in Ext.X1.
M.A.C.A. Nos.3300 of 2016 6
petition. In the circumstance, 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
/True Copy /
NS
P.A. To Judge
3 issues framed by the court
Whether the enhanced compensation for loss of earning capacity should be fixed based on the claimant's retired income rather than his occupation at the time of the accident.
Whether the Motor Accidents Claims Tribunal was justified in awarding lower compensation by categorizing the injured as an auto driver.
What amount of enhanced compensation with interest is payable to the injured appellant.
Colour shows how this judgement treated each authority
Yadava Kumar v. D.M. National Insurance Co. Ltd.Referred¶29
[2010 (8) SCALE 567]
Rajesh and Ors. Vs. Rajbir Singh and Ors.Referred¶38
[2013 ACJ 1403]
KUTTAPPAN, S/O KORAPPAN
K.K.SURYAN
JOY, S/O DEVASSY
UNITED INDIA 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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