Allowed

Suja @ Johna Suja v. Jibin Jacob K.J.

Kerala HC6 Mar 2023MACA/1471/2014

Case brief

AI extract

What is this about?

An appeal against Motor Accidents Claims Tribunal award where claimant sought enhanced compensation for injuries sustained in a road accident. This Court appreciated facts to enhance compensation by Rs.12,500/- covering loss of earnings, pain and suffering, and extra nourishment, and directed deposit with interest.

What did the court decide?

Enhanced compensation of Rs.12,500/- awarded with 8% interest from date of petition till deposit.

Suja @ Johna Suja Vs Jibin Jacob K.J. — Medical Negligence | 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. 1471 OF 2014

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AGAINST THE AWARD IN OP(MV) 520/2011 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL, ERNAKULAM

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APPELLANT:

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SUJA @ JOHNA SUJA

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W/O.BIJU, KADAVUNKAL HOUSE, 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.

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S/O.JOY, KODIPARAMBIL HOSUE,
CHELLANAM P.O, 682 008.

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2 ABRAHAM S/O.JACOB, KODIPARAMBIL HOSUE, CHELLANAM P.O, 682 008.

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3 UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LIMITED, 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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MACA.No.1471/2014

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..2..

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JUDGMENT

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MACA No.1471 of 2014

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Dated this the 06^th day of March, 2023

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This appeal has been preferred by the claimant in OP(MV) No.520 of 2011 on the file of Motor Accidents Claims Tribunal, Ernakulam, on the ground that the compensation awarded by the Tribunal is on the lower side.

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The appellant, a house wife aged 36 years, met with a road traffic accident on 17.02.2011 at about 2 AM, while she was standing by the road side. KL-43-B-9113 driven by the 1^st respondent in a rash and negligent manner, knocked her down and she sustained Closed comminuted fracture midshaft left humerus and bi - lateral scapular fracture. She was hospitalised for 26 days. She approached the Tribunal, claiming compensation of Rs.2,70,000/- but the Tribunal awarded only Rs.1,26,000/- and hence this appeal.

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The 1^st respondent was the driver and the 2^nd respondent was the owner and the 3^rd respondent was the insurer of the offending vehicle. Respondents 1 and 2 remained ex parte and the 3^rd respondent – Insurer, though

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..3..

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MACA.No.1471/2014

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admitted the policy, denied negligence from the part of the 1^st respondent.

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

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Now let us see whether the compensation awarded by the Tribunal warrants any interference.

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

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The appellant was a 36 year old house wife and even according to her claim petition, she was earning monthly income of Rs.3,000/-. The Tribunal fixed the income according to her claim @ Rs.3,000/-. Her ‘loss of earning’ was assessed for 4 months @ Rs.3,000/-. According to the appellant, since she had suffered comminuted fracture midshaft left humerus and bi - lateral scapular fracture, she could not do any job for about six months. So this Court is inclined to take her ‘loss of earnings’ for six months period. If so, she is eligible to get Rs.18,000/-. Since she was already paid Rs.12,000/- under that head, she is entitled to get the balance amount of Rs.6,000/-

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..4..

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MACA.No.1471/2014

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as enhanced compensation.

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Towards pain and suffering, she was awarded only Rs.25,000/-, since she suffered multiple fracture and was hospitalised for 26 days. This Court is inclined to award Rs.5,000/- more towards ‘pain and suffering’.

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Towards ‘extra nourishment’, though her claim was Rs.5,000/-, she was awarded only Rs.1,000/-. Since she was hospitalised for 26 days and she was not able to do any job for six months, this Court is inclined to award Rs.1,500/- more towards ‘extra nourishment’.

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The compensation awarded under all other heads

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seems to be reasonable and so 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 earnings	Rs.12,000/-	Rs.18000/-	Rs.6,000/-
Pain and Sufferings	Rs.25,000/-	Rs.30,000/-	Rs.5,000/-
Extra nourishment	Rs.1,000/-	Rs.2,500/-	Rs.1,500/-
Total			Rs.12,500/-

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..5..

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MACA.No.1471/2014

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So, the appellant is entitled to get enhanced compensation of Rs.12,500/- (6,000 + 5,000 + 1,500).

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The liability of the 3^rd respondent – Insurer to compensate the appellant is not a dispute. So, the 3^rd respondent – Insurer is directed to deposit the enhanced compensation of Rs.12,500/- (Rupees Twelve Thousand Five Hundred only) in the bank account of the appellant with 8% interest per annum, from the date of petition till the date of deposit (except 79 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

Suja @ Johna Suja v. Jibin Jacob K.J.

Case brief

What is this about?

What did the court decide?

Suja @ Johna Suja v. Jibin Jacob K.J.

Case brief

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What did the court decide?

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