This judgment allows an appeal filed by a minor concerning a motor accident involving two auto rickshaws. Bench enhanced disability compensation from Rs.31,700/- to Rs.1 lakh relying on Supreme Court and Karnataka guidelines.
Enhanced compensation of Rs.1 lakh with 8% interest granted; compensation to be shared by respondents 1 and 2 in award ratio.
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 BASANT BALAJI
WEDNESDAY, THE 15TH DAY OF JUNE 2022 / 25TH JYAISHTA, 1944
MACA NO. 14 OF 2012
AGAINST THE ORDER/JUDGMENT IN OPMV 1334/2007 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL ,PUNALUR
APPELLANT/PETITIONER:
MOHAMMED RIYAS (MINOR) S/O.YUSUF, KANNATHINJALIL HOUSE, P.P.PANJAL, SREE PUSHKARAM, CHERUTHURUTHY (VIA), THRISSUR, REP.BY HIS MOTHER, SAINABA, AGED 36 YERS, W/O.YUSUF, DO.
BY ADV SRI.SHEJI P.ABRAHAM
RESPONDENTS/RESPONDENTS:
1 ABUBAKKAR S/O.MUHAMMED, PULIKKATHODI HOUSE, KILLIMANGALAM VILLAGE, PANJAL, THALAPPILLY TALUK-679 531, THRISSUR DISTRICT (DRIVER CUM OWNER OF KL 48-3919, AUTO RICKSHAW).
2 NEW INDIA ASSURANCE COMPANY LIMITED BRANCH PALAKKAD-678 616, POLICY NO.761100/31/06/01/00014490 VALID FROM 15/10/2007 TO 14/01/2008. 3 ABDUL RAHIMAN KANNATHIYALIL HOUSE, PANJAL, (DRIVER)-679 531. 4 MURALIDHARAN S/O.SANKUNNI, KARATHANATH HOUSE, PIN-678 613, KOONATHARA, KAVALAPPARA, OTTAPALAM. 5 UNITED INDIA INSURANCE COMPNAY LTD. PALAKKAD-678 616.
BY ADVS. T.C.SOWMIAVATHY
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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BASANT BALAJI.,J
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M.A.C.A.No.14 of 2012
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Dated this the 15th day of June, 2022
JUDGMENT
The petitioner in OP(MV) No.1334/2007 on the file of Motor Accidents Claims Tribunal, Ottapalam is the appellant. On 22.10.2007 at about 8.00 pm while the minor was travelling in an auto rickshaw bearing Reg.No.KL 9E 7003 through Killimangalam – Cheruthuruthy public road, another auto rickshaw bearing Reg.No.KL 48 3919 driven by the 1st respondent negligently and in over speed hit against the petitioner's vehicle and due to the said collision, he sustained severe injuries. He was taken to hospital, admitted and treated there as an inpatient for few days. The accident only happened due to the negligence of the 1st respondent, the driver cum owner and the 2nd respondent, the insurer of vehicle KL 48 3919. The driver, owner and an insurer of vehicle KL 09E 7003 are impleaded as respondents 3 to 5.
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Doctor was not examined. As per Ext.A10 disability certificate, the Orthopaedic surgeon certified that 17% disability is assessed as whole body.
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He also relied on another decision of the apex court reported in Master Mallikarjun vs. Divisional Manager, The National Insurance Company Limited and Anr (2013 (3) KLJ 815) to contend for proposition that though it is difficult to have an accurate assessment of the compensation in the case of children suffering disability on account of a motor vehicle accident. It was held that if the disability is above 10% and upto 30% to the whole body, Rs.3 lakhs, upto 60%, Rs.4 lakhs, upto Rs.90%, Rs.5 lakhs and above 90%, it should be Rs.6 lakhs. For permanent disability upto 10%, it should be Rs.1 lakh, unless there are exceptional circumstances to take different yardstick. The counsel submits that though the Doctor has issued a whole body disability of 17%, the Tribunal ought to have awarded at least Rs.1 lakh as a consolidated figure.
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accident and taking note of the age of the claimant as 14 years, I am inclined to grant award an amount of Rs.1 lakh as consolidated figure for the permanent disability caused to
the claimant relying on the decision reported in Master Mallikarjun (cited supra).
In the result, the appeal is allowed and the appellant is entitled to an enhanced compensation of Rs.1 lakh with interest at the rate of 8% from the date of petition. The compensation payable by respondents 1 and 2 shall be worked in the same ratio as fixed by the Tribunal.
Sd/- BASANT BALAJI JUDGE
bng/16.06.2022
3 issues framed by the court
Whether the Tribunal ought to have accepted the disability certificate or constituted a Medical Board to assess disability.
What is the appropriate consolidated compensation amount for permanent disability exceeding 10% in a minor claimant.
Whether the appeal for enhanced compensation is maintainable.
Colour shows how this judgement treated each authority
Raj Kumar v. Ajay KumarReferred¶34
2011(1) KLT 620 (SC)
Master Mallikarjun vs. Divisional Manager, The National Insurance Company Limited and AnrRelied on¶36
2013 (3) KLJ 815
Mohammed Riyas (Minor) S/O.Yusuf
Abubakkar
New India Assurance Company Limited
Abdul Rahiman Kannathiyaalil House
Muralidharan
United India Insurance Company Ltd.
Basant Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
