The Court enhanced the compensation awarded in a motor accident case. It recalculated income, days of hospitalization, and awarded additional damages for loss of earnings, pain and suffering, transportation, bystander expenses, and loss of amenities.
Additional compensation of Rs.9,09,600 with interest at 7.5% per annum to be paid by the insurer within 2 months.
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 MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 7TH DAY OF DECEMBER 2022 / 16TH AGRAHAYANA, 1944
MACA NO. 2525 OF 2014
AGAINST THE AWARD DATED 15.06.2010 IN O.P (MV) NO.1057/2008 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE
APPELLANT/PETITIONER :-
SNEHAMOL CHACKO, AGED 25 YEARS
W/O.RUPESH MERVIN M, SREEDI NIVAS,
G.A.COLLEGE POST KOZHIKODE.
BY ADVS.
SRI.V.S.CHANDRASEKHARAN
SRI.M.V.DAS
SMT.LEKSHMI SWAMINATHAN
RESPONDENTS/RESPONDENTS :-
1ABDUL MAJID, AGE NOT KNOWN,
S/O.ABDUL KADER, ERATTIL HOUSE ULLANAM NORTH POST,
MALAPPURAM -670 303.
2THE NATIONAL INSURANCE CO. LTD.
4TH FLOOR, PARCO TOWERS, P.M.TAJ ROAD,
KOZHIKODE 673661
BY ADVS.
SRI.A.R.GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 07.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 2525 OF 201 4
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JUDGMENT
Dated this the 07th day of December, 2022
The appeal on hand is directed against an award passed by Principal Motor Accidents Claims Tribunal, Kozhikode (for short ‘the Tribunal’) on 15.06.2010 in O.P.(MV) No.1057/2008. Appellant before this Court is the petitioner before the Tribunal. For the sake of convenience, the parties to this appeal will hereinafter be referred to as the petitioner and respondents 1 and 2 in accordance with their status in the Original Petition.
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learned counsel for the appellant that the Tribunal has fixed the monthly income as Rs . 6,000/- for the purpose of computation of compensation for loss of earnings and took a sum of Rs.1,500/as the monthly income, the petitioner would have earned after her retirement from the job she was doing and calculated compensation for disability on its basis. According to the learned counsel, as per the claim of the petitioner in the Original Petition, she was a teacher in Farook Higher Secondary School, an unaided school, having Rs.6,500/- as monthly income. But the Tribunal failed to take note of that aspect while calculating compensation. Instead, the Tribunal had fixed only Rs.6,000/and therefore, the petitioner is aggrieved. It is further contended by the learned counsel that the Tribunal has awarded only meagre sums as compensation under various heads and therefore, is unjustified. According to him, the Tribunal lost sight of the injuries actually sustained by the petitioner in the motor accident and the treatment particulars while awarding
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compensation under various other heads. Accordingly, the compensation stands awarded turned inadequate. A certificate issued from the School wherein the petitioner was employed at the relevant time of the motor accident is produced and the same is sought to be received in evidence additionally. According to him, it has been certified in the certificate that the petitioner was getting Rs.20,000/- as her monthly income at the relevant time of the motor accident and due to the injuries sustained, she has discontinued her job as a teacher in the school concerned. The learned counsel, thus canvassed for reception of the document in additional evidence and calculation of compensation on its basis.
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5
the learned counsel for the 3rd respondent stoutly disputed reception of the proposed document in additional evidence. The learned counsel conceded for a fixation of Rs.6,500/- itself as the monthly income for calculation of compensation payable in favour of the petitioner.
MACA NO. 2525 OF 201 4
6
take a view that the petitioner had abandoned her job as a teacher in the School after the motor accident in question.
the medical documents marked in evidence, it is found that the petitioner had actually undergone inpatient treatment for 55 days. Therefore, the compensation calculated for extra nourishment and bystander expenses being based on improper data is incorrect. This Court is inclined to award Rs.150/- per
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day and when compensation for extra nourishment and bystander expenses is calculated for 55 days of inpatient treatment, Rs.8,250/- (Rs.150/- x 55) each is arrived at. Rs.1,000/- stands already awarded by the Tribunal towards extra nourishment and Rs.4,700/- towards bystander expenses. Thus the petitioner will get Rs.7,250/- (Rs.8,250/- -Rs.1,000/-) and Rs.3,550/- (Rs.8,250/- - Rs.4,700/-) respectively as additional compensation under the above heads.
MACA NO. 2525 OF 201 4
8
deducted from the sum arrived at now, the petitioner will get Rs.27,000/- as additional compensation under that head.
at. When compensation for disability is reassessed on the basis of the modified factors, Rs.9,82,800/- (Rs.9,100 x 12 x 18 x
MACA NO. 2525 OF 201 4
9
50%) is arrived at. Rs.1,62,000/- stands awarded by the Tribunal by the impugned award, when deducted from the sum now arrived at, the petitioner will get Rs.8,20,800/- as additional compensation.
In the above manner of re-assessment, the petitioner will get Rs.9,09,600/- (Rupees Nine lakhs nine thousand and six hundred only) as additional compensation, which would carry interest @ 7.5% per annum from the date of filing of the Original Petition till the date of realisation. Before the Tribunal, the insurer of the offending vehicle was arrayed as the 3rd respondent and direction was issued by the Tribunal to the 3rd respondent to pay the compensation stands awarded by the impugned award. The insurer is arrayed as the 2nd respondent in the appeal on hand. This Court has already exonerated the 2nd respondent in the appeal on hand from paying interest for 1464 days being the period of delay occurred in filing the appeal. Therefore the 2nd respondent shall pay the additional compensation with interest fixed, within a period of two
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months from the date on which a certified copy of this judgment
is received in accordance with the directions issued by this
Court in Circular No. 03/2019 dated 06.09.2019.
MACA stands allowed accordingly.
Sd/-
MARY JOSEPH JUDGE
SMA
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APPENDIX OF MACA 2525/2014
PETITIONER ANNEXURES :-
Annexure A7SALARY CUM SERVICE CERTIFICATE FROM
PRINCIPAL (PROOF OF INCOME)
3 issues framed by the court
Whether the quantum of compensation awarded by the Tribunal for loss of earnings, pain and suffering, and other heads is sufficient and correct in law.
Whether the monthly income and number of days of inpatient treatment can be re-assessed by this Court for calculating additional compensation.
Whether the appellant is entitled to further compensation for loss of amenities and enjoyments of life.
2 provisions across 2 enactments
SNEHAMOL CHACKO
ABDUL MAJID
THE NATIONAL INSURANCE CO. LTD.
MARY JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court