Allowed

Joy K.D. v. Jibin Jacob K.J

Kerala HC6 Mar 2023MACA/1467/2014

Case brief

AI extract

What is this about?

The High Court allowed an appeal against an award of the Motor Accidents Claims Tribunal. The Court enhanced the compensation by Rs.10,000/- to the appellant's claim amount, considering him eligible for higher notional income and increased pain and suffering compensation based on legal precedents.

What did the court decide?

Enhanced compensation of Rs.10,000/- awarded with 8% interest from the date of filing the petition, excluding the 74-day delay period.

Joy K.D. Vs Jibin Jacob K.J — Motor Accident Claims | Kerala HC (2023)

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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 SOPHY THOMAS

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MONDAY, THE 6TH DAY OF MARCH 2023 / 15TH PHALGUNA, 1944

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MACA NO. 1467 OF 2014

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AGAINST THE AWARD IN OPMV 522/2011 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL, ERNAKULAM

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APPELLANT:

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JOY K.D.

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AGED 54 YEARS, S/O.DANIEL, KANDATHILPARAMBIL
HOSUE, S.CHELLANAM P.O., CHELLANAM VILLAGE,
KOCHI TALUK, ERNAKULAM.

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BY ADVS.
SRI.MATHEWS K.PHILIP
SMT.T.MANASY

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RESPONDENTS:

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1 JIBIN JACOB K.J S/O.JOY, KODIPARAMBIL HOUSE, CHELLANAM P.O., 682 008.

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2 ABRAHAM

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S/O.JCOB, KODIPARAMBIL HOUSE, CHELLANAM P.O., 682 008.

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3 UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD, KOCHI, 682 008.

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BY ADV DR.ELIZABETH VARKEY

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP
FOR ADMISSION ON 06.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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..2..

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MACA.No.1467/2014

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JUDGMENT

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Dated this the 06^th day of March, 2023

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The appellant herein is the claimant in OP(MV) No.522 of 2011 on the file of the Motor Accidents Claims Tribunal, Ernakulam. He is challenging the award on the ground of inadequacy of compensation.

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The appellant, a 38 year old cleaner in a container lorry, met with a road traffic accident on 17.02.2011. At about 2 AM, while he was standing by the side of Chellanam – Pandikudy road, he was knocked down by KL-43/B 9113 autorikshaw driven by the 1^st respondent in a rash and negligent manner. He sustained Lacerated wound on the right ear and contused abrasion on the fore head and left shoulder and he was admitted in hospital for 5 days. He approached the Tribunal claiming compensation of Rs.1,90,000/- but the Tribunal awarded only Rs.58,000/- and hence this appeal.

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The 1^st respondent was the driver of the offending autorikshaw and the 2^nd respondent was the owner and the 3^rd respondent was the insurer. Respondents 1 and 2 remained ex

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..3..

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MACA.No.1467/2014

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parte . The 3^rd respondent – Insurer admitted the policy but denied the negligence of the 1^st respondent.

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Before the Tribunal no oral evidence was adduced from either side. Exts A1 to A19 were marked.

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Let us see whether any interference is warranted in the impugned award.

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Heard learned counsel Smt.Manasy. T, appearing for the appellant and learned counsel Smt.Elizebath Varkey, appearing for the 3^rd respondent – Insurer.

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According to the appellant, he was earning monthly income of Rs.8,000/- but the Tribunal fixed his notional income as Rs.4,000/-. It is true that he did not produce any documents to prove his job income. Even then going by the decision

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Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [AIR 2011 SC 2951] , since

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the accident was in the year 2011, he was eligible to get his notional income fixed @ Rs.8,000/- per month. So, this Court is inclined to fix his notional income at Rs.8,000/- per month. So for the period of two months, he was eligible to get Rs.16,000/towards loss of earning. Since he was already paid Rs.8,000/-

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..4..

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MACA.No.1467/2014

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he is entitled to get the balance of Rs.8,000/- as enhanced compensation for ‘loss of earning’.

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Towards pain and suffering, he was awarded Rs.10,000/- only by the Tribunal. He suffered lacerated wound on the right ear and contused abrasion over fore head and left shoulder with hospitalisation for five days. Considering that aspect, this Court is inclined to award Rs.2,000/- more towards pain and suffering.

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The compensation awarded under all other heads

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seems to be reasonable and hence it needs no interference.

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Head of Claim	Amount awarded by the Tribunal	Amount awarded in appeal	Difference to be drawn as enhanced compensation
Loss of earning	Rs.8,000/-	Rs.16,000/-	Rs.8,000/-
Pain and suffering	Rs.10,000/-	Rs.12,000/-	Rs.2,000/-
Total			Rs.10,000/-

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So, the appellant is entitled to get enhanced compensation of Rs.10,000/- ( 8,000 + 2,000).

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MACA.No.1467/2014

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..5..

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The liability of the 3^rd respondent – Insurer to compensate the appellant is not disputed. So, the 3^rd respondent is directed to deposit the enhanced compensation of Rs.10,000/- (Rupees Ten Thousand only) in the bank account of the appellant with 8% interest per annum, from the date of petition till the date of deposit (except the period of 74 days of delay in filing the appeal), within a period of two months from the date of receipt of a copy of this judgment. The deposit must be in terms of the directives issued by this Court in Circular No.3 of 2019 dated 06.09.2019 and clarified in O.M.No.D1/62475/2016 dated 07.11.2019 after deducting the liabilities, if any, of the appellant towards Tax, balance court fee and legal benefit fund.

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Accordingly, the appeal is allowed. No order as to Costs.

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Sd/-

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SOPHY THOMAS, JUDGE

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ded/06.03.2023

Joy K.D. v. Jibin Jacob K.J

Case brief

What is this about?

What did the court decide?

Joy K.D. v. Jibin Jacob K.J

Case brief

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What did the court decide?

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