Allowed

Ali Kunhi v. Abdu Salim

Kerala HC25 Sept 2018MACA/527/2012

Case brief

AI extract

What is this about?

In this motor accident claim appeal, the Single Judge allowed the appellant's claim for enhanced compensation. The court reworked the loss of earning, permanent disability, and pain and suffering components, awarding an additional Rs. 2,02,000/-.

What did the court decide?

Appellant awarded additional compensation of Rs. 2,02,000/- with interest at 7.5% from the date of petition, excluding the period of delay in filing the appeal of 403 days.

Ali Kunhi Vs Abdu Salim — 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 25TH DAY OF SEPTEMBER 2018 / 3RD ASWINA, 1940

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MACA.No. 527 of 2012

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AGAINST THE AWARD IN OPMV 248/2008 of M.A.C.T.,KOZHIKODE DATED 0804-2010

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APPELLANT:

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ALI KUNHI AGED 41 YEARS SON OF ABDU RAHIMAN, KANDIYIL HOUSE, REC P.O., KOZHIKODE DISTRICT.

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BY ADV. SRI.JACOB ABRAHAM

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RESPONDENTS:

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1 ABDU SALIM SON OF AHAMMED KUTTY @ AYAMU, 6/596, KARIMBANAKKAL HOUSE, PALPATTA, OORNGATTIRI P.O., MALAPPURAM DISTRICT-676511.

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2 NARAYANAN.P. SON OF CHAKKAPPAN, POOZHIKUNNAM HOUSE, MARUTHIR P.O., VAZHIKKADAVU, MALAPPURAM DISTRICT-676512.

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3 THE NEW INDIA ASSURANCE CO.LTD. SHAFEEQ COMPLEX, OPPOSITE YMCA, KANNUR ROAD, KOZHIKODE-673001.

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R3 SR.A.A.ZIYAD RAHMAN

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MACA.No. 527 of 2012

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JUDGMENT

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Appeal is for enhancement of compensation awarded

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by the Tribunal. On 09.05.2007, the appellant was riding a motor cycle bearing No. KL11 R 6822, when

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there was a collision between the motor cycle and a bus bearing No. KL10 S 9388 insured by the 3^rd

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respondent Insurance Company, causing serious injuries to the appellant/rider.

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But for marking Exhibits A1 to A5, no evidence

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was adduced before the Tribunal. Based on the

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materials on record, negligence was fixed on the part of the driver of the bus. The appellant sought to establish the permanent disability caused to him, which was certified by the Medical Board as 50%. He

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was aged 38 years at the time of accident and was a general worker.

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The injuries, as discussed in paragraph 9 of the Award are to the following effect :

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“Fracture clavical left, fracture left

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prochandure, brachial plexus injury left. Ext. A2 is wound certificate showing that petitioner was taken to hospital with above

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MACA.No. 527 of 2012

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said injuries. Ext. A3 is the reference card showing that petitioner was admitted on 9.5.2007 and discharged on 19.5.2007. Ext. A4 is the report issued from department of neurological sciences, Baby Memorial Hospital suggesting that there is a complex pan brachial plexopathy on the left side. Ext. A5 is MRI of cervical spine and brachial plexus. Therefore injuries sustained by the petitioner treatment given to him are proved by above said documents.”

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Amounts awarded by the Tribunal under different heads are given below :

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Transport to hospital- 500

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Extra nourishment - 750 3. Loss of earnings - 3000 2000 x 1½ months 4. Bystander's Expenses- 1650 150 x 11 5. Treatment Expenses - 500 6. Pain and sufferings - 12000

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Permanent disability-180000 [2000x 12 x 15 x 50%]

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Total 1,98,400

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========

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MACA.No. 527 of 2012

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After hearing both the sides, this Court is of

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the view that the monthly income recokned as Rs.2000/is much on the lower side. Considering the date of accident, age of the injured and the probable income, this Court finds it appropriate to refix the same as Rs.4000/-, also considering the money value at that point of time and such other attending circumstances.

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The Tribunal has awarded loss of earning only for a period of 1½ months, @ Rs.2000/- per month. This Court finds it appropriate to grant loss of earning for a period of three months. On reworking the compensation under the head loss of earning, based on the enhanced income, it will come to Rs.12,000/- [4000 x 3]. In the said circumstances, the balance compensation payable under this head will come to Rs.9000/- [12000 - 3000].

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Similarly, on reworking the compensation under the head permanent disability, the balance compensation payable

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will come to Rs.1,80,000/- [3,60,000 - 1,80,000]. Under the head pain and sufferings, the Tribunal granted only a sum of Rs.12,000/-. This Court finds it appropriate to enhance the same to Rs.25000/-, resulting in a

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MACA.No. 527 of 2012

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balance of Rs.13,000/- as payable. Thus, the appellant

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is entitled to get an additional compensation of Rs.2,02,000/- [Rupees Two lakhs Two thousand only]. The

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appellant is entitled to get the said amount with interest @ 7.5 % from the date of petition, except for the period of delay in filing appeal i.e.403 days . Since the policy has been admitted by the Insurance Company, the due amount shall be deposited before the Tribunal by the respondent Company, within one month from the date of receipt 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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kmd

Ali Kunhi v. Abdu Salim

Case brief

What is this about?

What did the court decide?

Ali Kunhi v. Abdu Salim

Case brief

What is this about?

What did the court decide?

What the court decided

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