Allowed

Abdul Kader @ Abdul Khader Makthar v. K.Ayub

Kerala HC7 Nov 2022MACA/584/2014

Case brief

AI extract

What is this about?

The High Court allowed an appeal against the Motor Accident Claims Tribunal award. The Court held that a minor is not entitled to compensation for loss of earning. It modified the award by increasing compensation for transportation, nourishment, bystander expenses, and pain and suffering, and added Rs.10,000 for loss of amenities. The total additional compensation was fixed at Rs.16,800 with inter

What did the court decide?

The appellant-mineor additional compensation of Rs.16,800 plus interest at 7.5% per annum from the date of filing of the original petition. The third respondent directed to deposit the said sum and pr

Abdul Kader @ Abdul Khader Makthar Vs K.Ayub — Motor Accident Claims | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE MARY JOSEPH

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MONDAY, THE 7TH DAY OF NOVEMBER 2022 / 16TH KARTHIKA, 1944

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MACA NO. 584 OF 2014

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AGAINST THE AWARD DATED 31.10.2013 IN O.P(MV) NO.49/2008 OF MOTOR

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ACCIDENT CLAIMS TRIBUNAL, KASARAGOD

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APPELLANTS / PETITIONER :-

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1ABDUL KADER @ ABDUL KHADER MAKTHAR
AGED 16 YEARS, MINOR, DOB 24-11-1998,
S/O.UMMER AND MASITHA BEEVI R/AT CHERIYA ALAMPADY,
POST AALAMPADY, KASARAGOD TALUK, KASARAGOD DISTRICT.

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2 MASITHA BEEVI

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AGED 33 YEARS, W/O.UMMER, R/AT CHERIYA ALAMPADY, POST
AALAMPADY, KASARAGOD TALUK, KASARAGOD DISTRICT. (1ST
PETITIONER IS A MINOR REP. BY PETITIONER NO.2 AS
GUARDIAN MOTHER)

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BY ADV SRI.K.P.HARISH

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RESPONDENTS / RES PONDENTS :-

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1 K.AYUB

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S/O.ABDULLA, KARODI, KARUVATHADUKA, KUMBDAJE PANCHAYATH
KASARAGOD TALUK, KASARAGOD DISTRICT 671121.

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2 ABDUL HAKEEM

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S/O.ABDUL KHADER C, MAJAL HOUSE, HOUSE NO.23/5 MOGRAL PUTHUR, KASARAGOD TALUK, KASARAGOD DISTRICT 671 121.

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3 THE BRANCH MANAGER NATIONAL INSURANCE CO.LTD, THIRD FLOOR, HIGH LANE PLAZA, M.G.ROAD, KASARAGOD DISTRICT 671 121.

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4 ABDUL RAHMAN SO.MAMMUNJI H.NO.05/259, ANADKA HOUSE, KUMBDAJE PO, KASARAGOD TALUK, KASARAGOD DISTRICT 671 121.

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BY ADV SMT.P.A.REZIYA

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 07.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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MACA No.584 of 2014

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JUDGMENT

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Dated this the 07^th day of November, 2022

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This appeal is filed challenging an award passed by Motor Accidents Claims Tribunal, Kasargod (for short ‘the Tribunal’) in O.P.(MV) No.49 of 2008 on 31.10.2013 for inadequacy of the compensation stands awarded.

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For the sake of clarity, the parties to this appeal will hereinafter be referred to as petitioners and respondents in accordance with their status in the Original Petition.

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Appellants are the petitioners before the Tribunal and will hereinafter be referred to in accordance with their status there. The motor accident was occurred at 12.15 pm on 20.09.2006 and a minor boy aged 9 years sustained injuries. He had sustained head injury in the above accident and fracture of right parietal bone with contusion and hemorrhage. He was treated at High Land Hospital, Research and Diagnostic Centre, Mangalore as inpatient for 9 days from 20.09.2006 till

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MACA No.584 of 2014

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27.09.2006 and was advised at the time of discharge to continue medication.

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Rs.5,000/- was awarded by the Tribunal under the

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head loss of earning by fixing Rs.2,500/- as his monthly income, Rs.2,500/- towards transportation charges, Rs.1,000/- towards damages to clothing, Rs.1,000/- towards extra nourishment, Rs.1,500/- towards bystander expenses, Rs.8,410/- towards treatment expenses and Rs.12,000/- towards pain and suffering. Thus, Rs.31,410/- rounded off to Rs.31,500/- in total was awarded as compensation. The third respondent being the insurer of the offending vehicle was directed to deposit the above amount so arrived at with interest at the rate of 8% per annum from the date of filing of the Original Petition till the date of realisation.

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In the view of this Court, the injured being a minor boy aged 9 years, the Tribunal is highly unjustified in awarding compensation under the head loss of earnings. This Court notices that Rs.2,500/- stands awarded under the head

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MACA No.584 of 2014

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transportation expenses is also inadequate, since the injured is a resident of Kasargod and the treatment was availed from Mangalore. Rs.5,000/- appears reasonable to be awarded as compensation under the head. Rs.2500/- stands awarded by the Tribunal when adjusted in the above sum, the petitioner will get get Rs.2,500/- as additional compensation.

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Under the head extra nourishment, the Tribunal has awarded Rs.1,000/- and this Court is inclined to modify it to Rs.2,000/- and thereby, the minor boy will get Rs.1,000/- as additional compensation. Towards compensation for bystander expenses, the Tribunal has considered Rs.150/- per day for 10 days and thereby Rs.1,500/- was awarded. This Court is inclined to modify it to Rs.1,800/- so that, the minor boy will get Rs.300/- as additional compensation under the head. Under the head pain and suffering, the Tribunal has awarded Rs.12,000/and when it is modified to Rs.20,000/-, the petitioner will get Rs.8,000/- as additional compensation. Towards loss of amenities and enjoyments in life, the Tribunal failed to award

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MACA No.584 of 2014

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any sum as compensation and therefore Rs.10,000/- is awarded under that head. In the above manner of reassessment, the minor boy will get Rs.21,800/- as total additional compensation.

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The injured being a minor boy is not entitled to get any compensation under the head loss of earnings and therefore, the said sum needs to be adjusted in Rs.21,800/-. Thus the minor boy will get Rs.16,800/- (Rupees Sixteen thousand and eight hundred only) as additional compensation and the same will carry interest at the rate of 7.5% per annum from the date of filing of the Original Petition till the date of realisation. The third respondent shall deposit the said sum with interest fixed as above and also the sum already stands awarded by the Tribunal with interest (if not already paid) within a period of two months from the date of receipt of a copy of the judgment therein.

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M.A.C.A. stands allowed accordingly.

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Sd/-

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MARY JOSEPH SMA JUDGE

Abdul Kader @ Abdul Khader Makthar v. K.Ayub

Case brief

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Abdul Kader @ Abdul Khader Makthar v. K.Ayub

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