The High Court allowed the appeal against the Motor Accident Claims Tribunal's award of Rs.31,700. The Court held that despite the appellant being a Police Constable, he is entitled to disability income. Compensation was enhanced to Rs.1,06,900 including Rs.70,200 for loss of disability income.
Appeal allowed. Compensation enhanced to Rs.1,06,900.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 4TH DAY OF AUGUST 2022 / 13TH SRAVANA, 1944
MACA NO. 2523 OF 2012
AGAINST THE AWARD IN OPMV 1485/2007 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL, IRINJALAKUDA
APPELLANT/PETITIONER:
SIVADAS
S/O KUTTAPPAN, KAIPPANCHERY HOUSE,
ANANDAPURAM DESOM, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT.
BY ADVS.
SRI.P.V.BABY
SRI.A.N.SANTHOSH
RESPONDENTS/RESPONDENTS:
1VIKRAMAN S
S/O SIVARAMAN PILLAI,
AUGASTHIYA BHAVAN, THEVANOOR DESOM,
ELAMADU VILLAGE PATHANAPPURAM,
KOLLAM DISTRICT,689 695.
2THE MANAGING DIRECTOR
KSRTC, TRIVANDRUM-695 023.
BY ADV ALEX ANTONY SEBASTIAN P.A.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 04.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
Alleging inadequacy of compensation granted in O.P. (MV).No.1485/2007 on the files of the Motor Accidents Claims Tribunal, Irinjalakuda as per award dated 07.07.2012, the petitioner has filed this appeal under Section 173 of the MV Act, arraying respondents before the Tribunal as respondents herein.
The petitioner, who met with an accident on 28.12.2006 at about 1.45 p.m. while travelling on a motorcycle, bearing registration No.KL-7/AD 8425 with the petitioner in O.P.(MV).No.1486/2007, as pillion rider, lodged claim petition before the Tribunal canvassing Rs.1,75,000/- as compensation. According to the appellant, the accident happened due to the rash and negligent
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MACA NO. 2523 OF 2012
driving of the first respondent, who had driven KSRTC bus bearing registration No. KL-15-5683 at the time of accident in a rash and negligent manner and hit against the motorcycle.
marked Exts. A1 to A9 on the side of the appellant.
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MACA NO. 2523 OF 2012
certificate dated 01.09.2011 was produced and PW2, the author of Ext.A6 was examined by the Tribunal, the Tribunal not granted any amount under the head ‘disability’, on the ground that the appellant has been working as a Police Constable in the Department and therefore, the functional disability is negligible. According to the learned counsel for the appellant, by applying split multiplier, post retirement disability income ought to be granted.
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MACA NO. 2523 OF 2012
disability. By applying monthly income as per the ratio in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. [(2011) 13 SCC 236], the same would come to Rs.5,500/- since the accident is of the year 2006.
6,500 x 12 x 9 x 10/100 = Rs.70,200/-
Thus, Rs.70,200/- is granted under the head ‘loss of disability income’.
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MACA NO. 2523 OF 2012
In the result, this appeal stands allowed. It is ordered that the appellant is entitled to get Rs.1,06,900/- as compensation, out of which Rs.31,700/- was granted by the Tribunal and the balance of Rs.75,200/- (Rupees seventy five thousand and two hundred only) is granted as enhanced compensation, with the same rate of interest awarded by the Tribunal, payable by respondents 1 and 2 and the second respondent Insurance Company is liable to pay the same, from the date of petition till the date of deposit or realisation.
Hence, the second respondent Insurance Company is directed to deposit the same in the name of the appellant within two months from today. On deposit, the appellant can release the same.
Sd/-
A. BADHARUDEEN JUDGE
nkr
2 issues framed by the court
Whether the Motor Accident Claims Tribunal erred in refusing to grant compensation for loss of disability income considering the appellant's employment as a Police Constable and pending retirement.
Whether the compensation granted by the Tribunal should be enhanced to account for partial loss of earnings and discomfort.
Colour shows how this judgement treated each authority
Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd.Applied¶36
Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. [(2011) 13 SCC 236] · Who else cites this
1 provisions across 1 enactments
SIVADAS
VIKRAMAN S
KSRTC
A. BADHARUDEEN
As recorded by the court registry
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A. BADHARUDEEN
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