Partly allowed

Iffco Tokio General Insurance Company Limited v. Reji George

Kerala HC13 Dec 2021MACA/2561/2015

Case brief

AI extract

What is this about?

This judgment upholds the Tribunal's assessment of permanent disability at 2% but enhances compensation for pain and suffering, loss of amenities, and future treatment expenses, ordering the insurer to deposit the additional amount.

What did the court decide?

Enhanced compensation of Rs.60,000 awarded for pain and suffering, loss of amenities, and future treatment; insurer to deposit amount with interest.

Iffco Tokio General Insurance Company Limited Vs Reji… — Motor Accident Claims | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

¶4

MONDAY, THE 13^TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943

¶5

MACA NO. 2561 OF 2015

¶6

AGAINST THE AWARD IN OPMV 1/2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL

¶7

PALA

¶8

APPELLANT/3RD RESPONDENT:

¶9

IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED PALA NOW REPRESENTED BY ITS LEGAL MANAGER, IFFCO BHAVAN, THOTTAKKAT ROAD, KOCHI-682011.

¶10

BY ADVS. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW

¶11

RESPONDENT/PETITIONER:

¶12

REJI GEORGE MULLAMPURACKAL, ANAKKARA P.O., IDUKKI DISTRICT,PIN 685320.

¶13

BY ADVS. SMT.ACHU SUBHA ABRAHAM SMT.K.R.MONISHA SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.SRUTHY

¶14

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13.12.2021, ALONG WITH C.O NO.189/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

MACA NO. 2561 OF 2015 & CO NO. 189 OF 2015 ..2..

¶16

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶17

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

¶18

MONDAY, THE 13^TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA,

¶19

1943

¶20

CO NO. 189 OF 2015

¶21

AGAINST THE AWARD IN OP (MV) NO 1/2014 DATED 23.04.2015 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALA

¶22

CROSS OBJECTOR/RESPONDENT

¶23

REJU GEORGE

¶24

S/O.GEORGE JOSEPH, MULLAMPARACKAL HOUSE, ANAKKARA P.O. CHAKKUPALLOM VILLAGE, IDUKKI DISTRICT.

¶25

BY ADVS. SRI.PHILIP T.VARGHESE SMT.ACHU SUBHA ABRAHAM SRI.THOMAS T.VARGHESE

¶26

RESPONDENT/APPELLANT:

¶27

IFFCO TOKIO GENERAL INSURANCE CO.LTD PALA, REPRESENTED BY ITS LEGAL MANAGER, IFFCO BHAVAN, THOTTAKATT ROAD, KOCHI - 682 011.

¶28

BY ADV SRI.P.JACOB MATHEW

¶29

THIS CROSS OBJECTION/CROSS APPEAL HAVING BEEN FINALLY HEARD ON 13.12.2021, ALONG WITH M.A.C.A no.2561/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶30

MACA NO. 2561 OF 2015 & CO NO. 189 OF 2015 ..3..

¶31

JUDGMENT

¶32

The appellant is the Insurance Company and the claimant is the cross objector. The status of the parties herein are referred to as it appears in the claim petition.

¶33

M.A.C.A No. 2561 of 2015

¶34

This is an appeal preferred by the 3^rd respondent insurance company against the award dated 23.04.2015 in O.P.(MV) No.1/2014 on the file of the Motor Accidents Claims Tribunal, Pala.

¶35

The case of the petitioner is that, on 26.03.2013, while he was travelling on a motor cycle through Kakkanad-Kunnumpuram civil line road, a car with registration No.KL-7/BM-6006, driven by the 2^nd respondent and owned by the 1^st respondent, came in a rash and negligent manner and hit on the motor cycle and

¶36

MACA NO. 2561 OF 2015 & CO NO. 189 OF 2015 ..4..

¶37

the petitioner fell down and sustained injuries. The petitioner claimed an amount of Rs.5,68,000/- as compensation for the injuries sustained in the accident. Exts. A1 to A13 were marked for the petitioners. No oral evidence was adduced by either side. The Tribunal found that the accident happened due to the negligence of the 2^nd respondent and awarded a total compensation of Rs.4,31,549/- under the following heads:

¶38

Part I	Amount claimed (In Rs.)	Amount awarded(In Rs.)
Loss of earnings	60,000	89,376 (based on Ext. A8)
Transport to Hospital	20,000	3,000
Extra- nourishment	5,000	1,000
Damage to clothing	1,000	Not entitled
Treatment expenses	26,000	24,623

¶39

MACA NO. 2561 OF 2015 & CO NO. 189 OF 2015 ..5..

¶40

Bystander expenses	6,000	3,750 (250×15 days)
Part II
Pain and suffering	1,00,000	45,000
Loss of earning capacity	2,00,000	2,44,800 (60,000×12x17 2/100)
Loss of amenities	1,00,000	Nil
Future treatment expenses	50,000	20,000
Total	5,68,000	4,31,549

¶41

This appeal has been preferred contending that

¶42

the amount awarded is excessive and without any basis. It is contended that there was no evidence before the Tribunal to come to a conclusion that the petitioner had sustained 2% permanent disability. It is further contended that the petitioner had not sustained loss of earnings due to the injuries sustained in the accident.

¶43

MACA NO. 2561 OF 2015 & CO NO. 189 OF 2015 ..6..

¶44

C.O. No.189/2015

¶45

The petitioner/the cross objector contends that the Tribunal ought to have granted Rs.1,00,000/- towards pain and sufferings. It is also contended that the Tribunal was not justified in rejecting the claim for loss of amenities. The petitioner also contends that the Tribunal ought to have granted at least Rs.1,00,000/- each towards future treatment and another Rs.1,00,000/- towards dis figuration. According to the petitioner, he had suffered 20% disability and the Tribunal went wrong in taking the disability as 2% and the Tribunal ought to have granted the entire amount claimed as compensation.

¶46

This Court by order dated 21.11.2018 in M.A.C.A. No.2561/2015, referred the petitioner/cross objector to Medical Board, Ernakulam. The special Medical Board as per its certificate No. C2-3827/2020 dated 17.06.2020 has certified that the petitioner has whole body permanent

¶47

MACA NO. 2561 OF 2015 & CO NO. 189 OF 2015 ..7..

¶48

physical disability of 2%. The said certificate has been produced before this Court by the learned Government Pleader along with a memo dated 18.03.2021.

¶49

The petitioner was aged 30 years at the time of the accident. The Tribunal has taken the monthly income of the petitioner as Rs.60,000/- and there is no dispute in the cross objection as to the monthly income taken by the Tribunal for the purpose of computing the compensation. Therefore, the monthly income of the petitioner is taken as Rs.60,000/-.

¶50

The Tribunal, considering the nature of injuries sustained and the period during which the petitioner had to keep out of work, had assessed the loss of earnings as Rs.89,376/-. I find the same to be just and reasonable compensation under the said head.

¶51

Towards compensation for pain and sufferings, the Tribunal has awarded Rs.45,000/-. Taking note of the

¶52

MACA NO. 2561 OF 2015 & CO NO. 189 OF 2015 ..8..

¶53

injuries sustained by the petitioner, an amount of Rs.50,000/- will be just and reasonable compensation under the said head. Therefore, the petitioner is entitled to an enhanced amount of Rs.5000/- under the head compensation for pain and sufferings.

¶54

For loss of amenities of life, no amount is awarded by the Tribunal. Taking into account the nature of injuries sustained by the petitioner, particularly, the injuries sustained to his heel as seen from the Ext.A4 wound certificate and Ext.A13 photographs, the petitioner is entitled to an amount of Rs.45,000/- under the head loss of amenities of life.

¶55

Towards future treatment expenses, the Tribunal has awarded Rs.20,000/-. Ext.A11 would show that the operation cost for thinning and reshaping of the sural flap cover done on his right heel would come to around Rs.30,000/-. Therefore, I re-fix the compensation for

¶56

MACA NO. 2561 OF 2015 & CO NO. 189 OF 2015 ..9..

¶57

future treatment expenses as Rs.30,000/- and the petitioner is entitled to an enhanced amount of Rs.10,000/- under this head.

¶58

The special Medical Board has certified that the petitioner has whole body permanent physical disability of 2%. The Tribunal has taken the percentage of disability as 2% and there is no need to interfere with the same. The Tribunal has correctly taken the multiplier as 17 and correctly assessed the compensation for loss of earning capacity.

¶59

In the result, the appeal is dismissed and the cross objection is partly allowed as follows;

¶60

The award of the Tribunal is modified and the petitioner is entitled to an enhanced compensation of

¶61

Rs.60,000/- as given below.

¶62

Part I	Amount awarded by Tribunal	Amount awarded by this Court
Loss of earnings	89,376	89,376

¶63

MACA NO. 2561 OF 2015 & CO NO. 189 OF 2015 ..10..

¶64

Transport to Hospital	3,000	3000
Extra- nourishment	1,000	1000
Damage to clothing	Not entitled	-
Treatment expenses	24,623	24,623
Bystander expenses	3,750 (250×15 days)	3750
Part II
Pain and suffering	45,000	50,000
Loss of earning capacity	2,44,800 (60,000×12×17 2/100)	2,44,800
Loss of amenities	Nil	45000
Future treatment expenses	20,000	30,000
Total	4,31,549	4,91,549

¶65

Accordingly, the petitioner/cross objector is entitled to an enhanced compensation of Rs.60,000/- (Rupees

¶66

MACA NO. 2561 OF 2015 & CO NO. 189 OF 2015 ..11..

¶67

Sixty Thousand only) with interest at the rate of 9% from the date of filing of the claim petition till realisation, with proportionate costs. The Insurance Company shall deposit the enhanced compensation granted in this appeal along with interest and proportionate costs before the Tribunal within a period of two months from the date of receipt of a certified copy of this judgment.

¶68

Sd/-

¶69

MURALI PURUSHOTHAMAN JUDGE

¶70

Iffco Tokio General Insurance Company Limited v. Reji George

Case brief

What is this about?

What did the court decide?

Iffco Tokio General Insurance Company Limited v. Reji George

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Equity Intelligence India Private Limited Vs Deputy Commissioner of Income Tax

Sineeja Rajan Vs United India Assurance Co.Ltd

United India Insurance Company Limited Vs Sineeja Rajan

Sreesha Ravi K. Vs the State of Kerala

Rajendran Nair. M Vs State of Kerala

United India Insurance Company Limited Vs a.K.John