Allowed

Puthenpeedika Syed v. Narayanathodi Balanandan @ Balan

Kerala HC10 Oct 2018MACA/797/2006

Case brief

AI extract

What is this about?

The Court enhanced compensation in a motor accident claim. It increased the claimant's notional monthly income from Rs.1250 to Rs.2500. It awarded additional compensation for loss of amenities, enhanced pain and suffering, and increased loss of earning by Rs.1,18,000, payable with interest.

What did the court decide?

Additional compensation of Rs.1,18,000 awarded with interest at 7.5% per annum from the date of petition.

Puthenpeedika Syed Vs Narayanathodi Balanandan @ Balan — 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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WEDNESDAY,THE 10TH DAY OF OCTOBER 2018 / 18TH ASWINA, 1940

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MACA.No. 797 of 2006

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AGAINST THE AWARD IN OPMV 1810/2001 of M.A.C.T., MANJERI DATED 30-11-2005

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APPELLANT/PETITIONER:

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**PUTHENPEEDIKA SYED PUTHENPEEDIKA HOUSE, KARUVARAKUNDU POST,, MALAPPURAM.

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**(DIED...LEGAL HEIRS ARE IMPLEADED AS PER ORDER DATED 10.10.2018 IN I.A.3 OF 2018)*

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LEGAL HEIRS:

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2. FIROZ KHAN AGED 38, S/O. PUTHENPEEDIKA SAYEED , PUTHENPEEDIKA HOUSE, THARIS POST

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KARUVARAKUNDU, MALAPPURAM DIST.

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3. FAIZAL, AGED 40, S/O. PUTHENPEEDIKA SAYEED, PUTHENPEEDIKA HOUSE, THARIS POST

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KARUVARAKUNDU, MALAPPURAM DIST.

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4. ANWAR, AGED 34,S/O. PUTHENPEEDIKA SAYEED, PUTHENPEEDIKA HOUSE, THARIS POST

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KARUVARAKUNDU, MALAPPURAM DIST.

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5. MUMTAS, AGED 42, D/O. PUTHENPEEDIKA SAYEED, PUTHENPEEDIKA HOUSE, THARIS POST

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KARUVARAKUNDU, MALAPPURAM DIST.

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6. MURSHIDABANU, AGED 36, D/O.PUTHENPEEDIKA SAYEED, PUTHENPEEDIKA HOUSE, THARIS POST

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MACA.No. 797 of 2006

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KARUVARAKUNDU, MALAPPURAM DIST.

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7. KHADEEJA, AGED 59,W/O. PUTHENPEEDIKA SAYEED, PUTHENPEEDIKA HOUSE, THARIS POST

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KARUVARAKUNDU, MALAPPURAM DIST.

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BY ADV. SRI.VINOD VALLIKAPPAN

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RESPONDENTS/RESPONDENTS:

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1 NARAYANATHODI BALANANDAN @ BALAN S/O.AYYAPPAN, VEETICHOLA, KERALA ESTATE POST,, MALAPPURAM.

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2 K.M.JOY SO.K.C.MATHEW GOLDEN BUILDING, VIII/456,, THIRUR POST, MALAPPURAM.

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3 MSUNITED INDIA INSURANCE COMPANY LTD. DIVISIONAL OFFICE, ARAFA BUILDING, COURT ROAD,, MANJERI, MALAPPURAM.

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BY ADV. SRI.P.MURALEEDHARAN

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MACA.No. 797 of 2006

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J U D G M E N T

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Appellant herein was riding a motor cycle on 20.03.2001, when a jeep coming from the opposite side dashed against the motor cycle causing serious injuries, which was sought to be compensated by filing a claim petition. Based on the evidence tendered, the Tribunal arrived at a finding that the accident was solely because of negligence on the part of the driver of the offending jeep and after awarding a total compensation of Rs.178056/-, the same was directed to be satisfied by the respondent Insurer, (since the policy was admitted) with interest at the rate of 6% per annum. The appeal is for enhancement of

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compensation.

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During the pendency of the proceedings, the original appellant expired; pursuant to which the

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MACA.No. 797 of 2006

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petitions were filed to bring the legal heirs of the appellant in the party array, to set aside abatement and also to condone the delay in filing the necessary proceedings, which have been allowed as per a separate order passed today.

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The learned counsel for the appellants submits

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that the claimant was aged 50 years and was maintaining a family of his own, despite which his notional monthly income was reckoned only as Rs.1250/- for awarding compensation under different heads.

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The total disability certified by the Medical

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Board was 40%, which stands accepted by the Tribunal .

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The injuries sustained are as given below:

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fracture both bones(R) leg.

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The amounts awarded by the Tribunal under

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different heads are the following:

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MACA.No. 797 of 2006

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Head	Amount awarded (in Rs.)
Transsport to hospital	500
Extranourishment and bystanders expenses	3000
Medical expenses	66556
Pain and suffering	15000
Loss of earning for one year	15000
Disability	78000
TOTAL	178056

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After hearing, considering the fact that the claimant was a person aged 50 years and further that the accident was in the year 2001, this Court finds that fixation of notional monthly income as Rs.1250/-is abysmally on the lower side and finds it appropriate to have it re-fixed as Rs.2500/- per month for working out the compensation.

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On re-working the disability compensation, it comes to Rs.1,56,000/- [2500 x 12 x 13 x 40/100]. After giving credit to the sum of Rs.78,000/-, the balance payable comes to Rs.78000/ -. It is awarded

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MACA.No. 797 of 2006

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accordingly. No compensation has been awarded by the Tribunal towards loss of amenities and enjoyment in life. In view of the serious nature of injuries and ordeal undergone and also the permanent disability, the compensation payable under this head is fixed as Rs. 20000 /-. A further sum of Rs.5000/ - is awarded towards pain and suffering, over and above the sum of Rs.15000/- awarded by the Tribunal. The Tribunal has awarded Rs.15000/- towards loss of earning for one year, which is enhanced to Rs.30000/-, thus resulting in a balance sum of Rs.15000/ - more . The total additional compensation payable comes to Rs.1,18,000/-

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(Rupees one lakh and eighteen thousand only), which shall be satisfied with interest at the rate of 7.5% per annum from the date of petition, except for the period from 31.05.2006 to 27.02.2016, by virtue of the

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orders passed by this Court on 17.02.2016 and 10.10.2018. Since the policy is admitted, the

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respondent Insurer is directed to deposit the amount

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MACA.No. 797 of 2006

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due within six weeks from the date of receipt of a copy of the judgment.

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Appeal stands disposed of.

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Sd/- P.R. RAMACHANDRA MENON, JUDGE

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Puthenpeedika Syed v. Narayanathodi Balanandan @ Balan

Case brief

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Puthenpeedika Syed v. Narayanathodi Balanandan @ Balan

Case brief

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