Allowed

Mohammedunni v. United India Insurance Co.Ltd

Kerala HC10 Oct 2023MACA/797/2014

Case brief

AI extract

What is this about?

Appellant appealed against a Motor Accidents Claims Tribunal award fixing compensation at Rs.39,700/-. Bench enhanced compensation to Rs.37,160/- for loss of income, pain and suffering, and amenities. Appeal allowed, amount to be deposited by insurers within three months excluding delict period.

What did the court decide?

Additional compensation of Rs.37,160/- granted to be deposited by respondents within three months, excluding interest on 1827-day delay period.

Mohammedunni Vs United India Insurance Co.Ltd — Motor Accident Claims | Kerala HC (2023)

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MACA NO. 797 OF 2014

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 10TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945

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MACA NO. 797 OF 2014

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[AGAINST THE AWARD DATED 15.10.2008 IN OP(MV) NO.1189/2004
ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI]

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APPELLANT/PETITIONER:

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MOHAMMEDUNNI

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S/O. KASSARALI, KUTHUKKAL ROAD, MANJERI,
MALAPPURAM DISTRICT.

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BY ADV SRI.K.M.MOHAMED ABDURAHIMAN

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RESPONDENTS/3RD AND 6TH RESPONDENTS:

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1UNITED INDIA INSURANCE CO.LTD
BRANCH OFFICE, WESTERN WING, AMBADI BUILDING,
PONNANI(INSURER), PIN-679 577.
2THE ORIENTAL INSURANCE CO. LTD.
DIVISIONAL OFFICE, 3RD FLOOR, MAHESWAR BUILDING,
M.G.ROAD, TRICHUR-680 001. (INSURER).
BY ADVS.

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 R1 BY ADV. SOWMIAVATHI
 R2 BY SMT.LATHA SUSAN CHERIYAN.

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 10.10.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

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MACA NO. 797 OF 2014

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JUDGMENT

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The appellant is the petitioner in O.P(M.V) No. 1189/2004 on the files of the Additional Motor Accidents Claims Tribunal, Manjeri.

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The said claim petition was submitted by him seeking compensation for the injuries sustained to him in a Motor Accident that occurred on 14.06.2004. According to the appellant, the accident occurred when the bus bearing Reg.No.KL 10 J/1341 in which he was travelling was hit by another bus bearing Reg. No. KL 8 X/5593. Due to the accident, the appellant sustained injuries and was treated initially at Al Mas Hospital, Kottakkal and thereafter referred to Central Hospital, Malappuram. According to the appellant, the accident occurred due to the rash and negligent driving by respondents 1 and 4. The said vehicles were insured with the respondents 3 and 6, respectively. According to him, he was working as a mason with a monthly income of Rs.7,000/- and was aged 38 at the time of the accident. The claim petition was filed by the appellant seeking a compensation of Rs.2,00,000/-.

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MACA NO. 797 OF 2014

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The respondents 1,2,4, and 5 remained exparte. The third respondent filed a written statement admitting the policy in respect of the vehicle in which the appellant was travelling. However, they disputed the quantum of compensation and the negligence which was attributed against them. The 6^th respondent filed a written statement admitting the coverage of policy in respect of the other bus but disputed the liability on various grounds. They also raised similar contentions as raised by the 3rd respondent.

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The evidence in this case consists of Exts.A1 to A4 and Ext.X1 disability certificate from the side of the appellant. The Tribunal found that the accident occurred due to the negligence of both the drivers and being the insurers of the said vehicles, the 3^rd respondent and 6^th respondents were jointly held liable to pay the compensation in equal proportions. The quantum of compensation was fixed as Rs.39,700/and the 3^rd and 6^th respondents were directed to be deposit the said amount with interest at the rate of 7% per annum from the date of the petition till the date of realisation, in equal proportions. This appeal is submitted by the appellant seeking the enhancement of compensation.

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Heard Sri.K.M.M. Abdurahiman Thoppil, the learned

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MACA NO. 797 OF 2014

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counsel for the appellant, and Smt. Sowmiavathi, learned counsel appearing for the 1^st respondent insurance company and Smt. Latha Susan Cherian, the learned counsel appearing for the 2^nd respondent insurance company.

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Learned counsel for the appellant would submit that, the compensation awarded under the head of loss of earning capacity is on the lower side. It is seen from the records that, even though the monthly income of Rs.7000/- was claimed by the appellant, the Tribunal took the same as Rs.2500/-. Considering the date of the accident and the nature of the employment of the appellant, the said amount is indeed on the lower side.

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Going by the principles laid down by the Honourable Supreme Court in Ramachandrappa v. Manager, Royal Sunderam Alliance Insurance Company Limited [ (2011) 13 SCC 236 ], even in the absence of any evidence, the monthly income of an ordinary employee can be fixed as Rs.4,500/- in respect of an accident occurred in the year 2004. Therefore, as the accident in this case was in the year 2004, Rs. 4,500/- can be taken as the monthly income. As per Ext. X1, the petitioner had sustained disability at the rate of 3%. The multiplier

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MACA NO. 797 OF 2014

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5 applicable is 13. While reassessing the compensation for the permanent disability and consequent to the loss of earning capacity, the amount would come to Rs.21,060/-(4500x12x13x3/100). The amount already awarded by the Tribunal is Rs.9,900/- and the additional amount receivable by the appellant would come to Rs.11,160/-. Consequent to the revision of the monthly income, the appellant would be entitled to an additional amount of Rs.8,000/- under the head of loss of income, which was granted by the Tribunal for a period of 4 months at the rate of Rs.2,500/-.

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Similarly, the amount awarded under the head of pain and suffering is Rs.12,000/-. It is discernible from the records that consequent to the injuries, the appellant was hospitalized for a period of 19 days, and he sustained fractures of his 5^th , and 6^th ribs (L) Knee, fracture fibular neck. Considering the aforesaid aspects, I deem it appropriate to grant a further sum of Rs.13,000/- under the said head. Further, no amount is seen granted under the head of loss of amenities. Considering the facts and circumstances of the case, an amount of Rs.5,000/- is granted under the said head. Thus, the additional compensation receivable by the appellant is fixed as Rs.37,160/-

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MACA NO. 797 OF 2014

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(11,160 + 8,000 + 13,000 + 5,000).

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Accordingly, in the light of the aforesaid findings and observations, this appeal is allowed. The award dated 15.10.2008 in OP(M.V.) No.1189/2004 passed by the Motor Accidents Claims Tribunal, Manjeri is hereby modified by granting an additional compensation of Rs.37,160/- [Rupees Thirty-seven thousand One hundred and Sixty only) and the said amount shall be deposited by the 1^st and 2^nd respondents herein in equal proportions along with interest at the rate as ordered by the Tribunal within a period of three months from the date of receipt of a copy of this judgment. It is further clarified that the appeal was filed with a petition to condone the delay of 1827 days. Therefore, the respondents shall be entitled to exclude the said period while computing the interest on the additional compensation.

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 Sd/-

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 ZIYAD RAHMAN A.A.
JUDGE

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pkk

Mohammedunni v. United India Insurance Co.Ltd

Case brief

What is this about?

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Mohammedunni v. United India Insurance Co.Ltd

Case brief

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