Partly allowed

Riyas v. the New India Assurance Company Limited

Kerala HC20 May 2022MACA/3981/2019

Case brief

AI extract

What is this about?

This appeal challenges the compensation awarded under O.P.(MV) No.574/2015 for injuries sustained in a motor vehicle accident. The High Court enhanced the award for loss of studies and recalculated permanent disability compensation based on the appellant's age, directing the insurer to pay the additional amount.

What did the court decide?

Compensation for loss of studies enhanced to Rs.50,000; monthly income for disability fixed at Rs.12,000; modified award directed to be deposited by the insurer.

Riyas Vs the New India Assurance Company Limited — Motor Accident Claims | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 20^TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944 MACA NO. 3981 OF 2019

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AGAINST THE ORDER/JUDGMENT IN OPMV 574/2015 DATED 16.04.2019 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL , IRINJALAKUDA

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APPELLANT/PETITIONER:

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RIYAS
AGED 22 YEARS
S/O. AMEER FAIZAL, KALOOPARAMBIL HOUSE, EAST KODALI
DESOM, VELLIKULANGARA VILLAGE.
BY ADV A.N.SANTHOSH

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RESPONDENT/3RD RESPONDENT:

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THE NEW INDIA ASSURANCE COMPANY LIMITED
BRANCH OFFICE, ERODE 638 001
BY ADV SRI.P.MURALEEDHARAN

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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MACA NO. 3981 OF 2019

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JUDGMENT

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The appellant is the petitioner in O.P.(MV) No.574/2015 on the files of the Motor Accidents Claims Tribunal, Irinjalakuda, Thrissur district. As per the award, on various heads, a total compensation of Rs.4,47,220/- is awarded with 8% interest per annum from 21.05.2015 till realisation. Basic facts for the disposal of the appeal are as follows:-

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On 15.09.2014, while the appellant was traveling in an autorikshaw bearing registration No.KL-40-H-8684 through Chalakudy-Ernakulam stretch of NH 47 , the autorickshaw collided with a lorry bearing registration No. TAP-3666 and caused injuries to the appellant. According to the appellant, the accident occurred due to the rash and negligent driving of the lorry and due to which the petitioner sustained serious injuries. The Tribunal after considering the evidence on record, has found that the appellant has suffered the following injuries:- (1). Laceration over upper lip, left face and left orbito frontal region; (2). Multiple facial injuries with craniofacial

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MACA NO. 3981 OF 2019

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fractures. The appellant remained as an inpatient in the hospital from 15.09.2014 to 24.09.2014 on account of the injuries he suffered. The Tribunal also found that the discharge summary shows that he had suffered left temporal pole small EDH and left frontal small contusion. The disability certificate issued by the medical board is marked as exhibit X1, wherein, 8% permanent disability is assessed by the medical board, which it is accepted by the Tribunal for calculating the compensation. The Tribunal also found that, taking into account, the future prospectus, the monthly income can be fixed at Rs.9,000/-. That apart, it was found by the Tribunal that though the appellant cannot be granted with any compensation towards loss of earnings, relying on Ext.A7 certificate, a lump sum compensation of Rs.30,000/- towards loss of studies was granted. The appropriate multiplier adopted for fixing the compensation is 18.

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After considering the evidence on record, the following compensation was awarded, against the claims raised in column 2 below:

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MACA NO. 3981 OF 2019

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Sl	Head of Claim	Amount	Amount	Basis Vital details in
No .		Claimed (Rs.)	Awarded (Rs.)	a nut shell
01	Loss of earnings (loss of study)	90,000	30,000
02	Transportation expenses	3,000	2,000
03	Extra nourishment	2,000	1,000
04	Damage to clothings	2,000	1,000
05	Attendant expenses	5,000	2,700	(300 x 9 days)
06	Medical expenses	3,00,000	1,55,000
07	Pain and suffering	50,000	40,000
08	Permanent disability	5,00,000	1,55,520	(9,000 x 12 x 180x 8%)
09	Loss of amenities	50,000	30,000
10	Loss of earning power	5,00,000	Nil
11	Disfiguration	1,00,000	30,000
12	Anticipated medical expenses	1,00,000	Nil
	Total	17,02,000	4,47,220/-	Rs.4,47,220/- along
		7/-		with 8% interest p.a.
		(Limited		from 21.05.2015 till
		to 8,00,000)		realisation

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The paramount contention advanced by the learned counsel

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for the appellant is that the monthly income, considering the age of 17 years of the appellant, should have been much more than the amount of Rs.9,000/-. It is also submitted that the amount awarded towards

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loss of studies for a period of one year fixed at Rs.30,000/- is very meager, which also has to be enhanced. Learned counsel for the

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MACA NO. 3981 OF 2019

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appellant submitted that, under the head monthly income for calculating future prospects , a monthly income of Rs.15,000/- may be taken, since the appellant was aged 17 years at the time of accident. So also, it is submitted that the amount of Rs.30,000/- awarded towards loss of studies may also be enhanced to Rs.60,000/- at least. .

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On the other hand, learned counsel appearing for the 3^rd respondent Insurance Company, The National Insurance Company Ltd. submitted that the compensation awarded by the Tribunal under all heads are fair and reasonable, which requires no interference.

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I have heard the learned counsel for the appellant Sri. A.N.Santhosh and the learned counsel appearing for the 3^rd respondent Sri. Muraleedharan.

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The contentions advanced by the learned counsel for the appellant is confining to the compensation awarded by the Tribunal under two heads namely; loss of earnings against which the appellant has raised a claim of Rs.90,000/-, however, the Tribunal has awarded only an amount of Rs.30,000/-. Taking into account the nature of injuries suffered by the appellant as found out by the Tribunal, the

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MACA NO. 3981 OF 2019

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possibility of loss of studies in the higher secondary class for a period of one year as claimed by the appellant cannot be ruled out; and therefore taking into account the attendant facts and circumstances; that the appellant was aged 18 years at the time of accident, and the evidence available on record relied upon by the Tribunal, I am of the considered view that the amount on that head can be raised to Rs.50,000/- Accordingly, the claim against loss of earnings is enhanced to Rs.50,000/- as against the amount of Rs 30000/awarded by the Tribunal . Similarly, the monthly income taken by the Tribunal in order to arrive at the compensation towards the permanent disability is Rs 9000/- per month. Considering the fact that the appellant was aged 18 years at the time of the accident, which took place in the year 2014, and other attendant facts and circumstances found out by the Tribunal, I deem it fit and proper to enhance the same to Rs 12000/- per month. Therefore, taking into account the enhancement the appellant is entitled to get an amount of Rs 2, 07,360/-( 12,000 x 12 x 18 x 8%) . In all other respects I find that the amounts awarded by the Tribunal is just and reasonable .

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The appeal is partly allowed and the award of the Motor

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MACA NO. 3981 OF 2019

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Accidents Claims Tribunal, Irinjalakuda, in O.P.(MV)No.574/2014 is modified to the aforesaid extent. There will be a direction to the 3^rd respondent Insurance Company to deposit the amount in accordance with the modified award with 8% interest from 21.05.2015, before the Tribunal within one month from today, after adjusting the amounts already deposited as per the award of the Tribunal .

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Sd/-

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SHAJI P.CHALY JUDGE

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uu 21.05.2022

Riyas v. the New India Assurance Company Limited

Case brief

What is this about?

What did the court decide?

Riyas v. the New India Assurance Company Limited

Case brief

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