The High Court enhanced compensation in a motor accident appeal against the Motor Accidents Claims Tribunal, increasing the monthly income basis to Rs.6,000/- and awarding additional sums for various heads of loss, deeming the Tribunal's award inadequate.
Enhanced additional compensation of Rs.3,41,708/- with interest directed to be deposited by the First Respondent.
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
TUESDAY, THE 15TH DAY OF NOVEMBER 2022 / 24TH KARTHIKA, 1944
MACA NO. 698 OF 2014
AGAINST THE ORDER/JUDGMENT IN O.P(MV) NO.1265/2011 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM
APPELLANT/PETITIONER :-
JAMEELA
PUTHUPARAMBIL (H), BHAJANMADAM (NEAR),
CHETTIMANGALAM BHAGOM, THEKKENADA P.O.,
NADUVILE VILLAGE, VAIKOM.
BY ADVS.
SRI.G.SREEKUMAR (CHELUR)
SRI.NANDAGOPAL S.KURUP
RESPONDENTS/RESPONDENTS :-
1 MANAGING DIRECTORK.S.R.T.C., THIRUVANANTHAPURAM-695001.
2K.RAMACHANDRAN
MANGALOLICKAL (H), ELIKULAM P.O.,
KOTTAYAM-685001.
BY ADVS.
SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN.
SRI.GINESH.P.
SRI.GINESH.P.
SRI.IVANS C. CHAMAKKAL
SRI.R.MURALEEDHARAN
SRI.ALEX ANTONY SEBASTIAN P.A., SC
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 15.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA No.698 of 2014
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JUDGMENT
Dated this the 15th day of November, 2022
This appeal is filed challenging an award passed by Motor Accidents Claims Tribunal, Kottayam (for short ‘the Tribunal’) on 31.12.2013 in O.P.(MV) No.1265 of 2011. 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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availing first aid therefrom was transported to Medical College Hospital, Kottayam and had undergone inpatient treatment from 15.10.2010 till 23.10.2010. Thereafter, treatment was continued at Government Hospital, Vaikom and at Medical College Hospital, Kottayam. Treatment as outpatient was continued further for sometime.
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Tribunal found the driver of the K.S.R.T.C bus rash and negligent in driving the same and causing the accident.
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disability was calculated by fixing the monthly income notionally as Rs.3,000/- and therefore reassessment is required to make it just and reasonable.
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reports open fracture of shaft of radius with radial nerve palsy, multiple fracture to the ribs on the left side, fracture of right humerus and fracture on the ischiopubic ramus. Open reduction and internal fixation with DCP, bone grafting, radial nerve exploration and suturing were done. Sutures were removed on the 11th day and long leg cast was also applied.
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earnings. It is noticed that the monthly income was fixed by the Tribunal notionally as Rs.3,000/-. The claim of the petitioner in the Original Petition was that she was a catering worker earning Rs.6,000/- but evidence is not forthcoming to establish those aspects. The year of accident being 2010, the monthly income fixed by the Tribunal appears to this Court disproportionate to the price index and cost of living. This Court finds it reasonable to take Rs.6,000/-, the sum claimed by the petitioner herself as her monthly income for assessment of compensation. When loss of earnings is considered with the monthly income modified as Rs.6,000/- and the period as 8 months, Rs.48,000/- is arrived at. Rs.12,000/- being the sum stands awarded by the Tribunal, the petitioner will get Rs.36,000/- as additional compensation under that head. Towards transportation expenses and extra nourishment Rs.3,000/- and Rs.2,000/- respectively were awarded by the Tribunal. Those sums being inadequate, this Court is inclined to modify those to Rs.5,000/- each, so that the petitioner will get Rs.2,000/- and Rs.3,000/- respectively as additional
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compensation.
inclined to grant Rs.500/- more. Under the head pain and suffering and loss of amenities and enjoyments in life also the sums stands awarded being disproportionate to the injuries suffered and the period for which the treatment continued, this Court is inclined to award Rs.50,000/- and Rs.20,000/- respectively and therefore, the petitioner will get Rs.30,000/- and Rs.10,000/- respectively as additional compensation. The Tribunal had taken the percentage of disability certified by the Medical Board as such for assessment of compensation for disability. Since the monthly income has been re-fixed as Rs.6,000/-, reassessment of the compensation is required. In reassessment, the total compensation payable will be Rs.5,20,416/- (Rs.6,000x12x13x55.6%). Rs.2,60,208/- being the sum stands awarded by the Tribunal, the petitioner will get Rs.2,60,208/- as additional compensation under that head.
In the above reassessment, Rs.3,41,708/ - (Rupees Three lakhs forty one thousand seven hundred and eight only) is payable
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as additional compensation. The said amount would also 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 first respondent shall deposit the aforesaid sum with interest fixed as above and also the sum stands awarded by the Tribunal together with interest fixed for it (if not paid) within a period of two months from the date on which a certified copy of this judgment is received.
M.A.C.A. stands allowed accordingly.
Sd/-
MARY JOSEPH
SMA JUDGE
3 issues framed by the court
Whether to enhance the compensation awarded by the Motor Accidents Claims Tribunal due to inadequate quantum.
Whether the notionally fixed monthly income of Rs.3,000/- should be increased in light of the petitioner's earnings.
Whether to grant additional compensation for loss of earnings, transportation, extra nourishment, clothing, and damages for pain and suffering.
JAMEELA PUTHUPARAMBIL
MANAGING DIRECTOR K.S.R.T.C.
K.RAMACHANDRAN
MARY JOSEPH
As recorded by the court registry
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