Partly allowed

Basudev Menon K.P v. the Legal -Claims Manager

Kerala HC22 May 2024MACA/1795/2020

Case brief

AI extract

What is this about?

Motor accident claimant appealed against the tribunal award of ₹1,49,000 for injuries including head and nasal fractures. The High Court enhanced compensation by ₹26,500 to a total of ₹1,75,500 with 9% interest, modifying loss of earnings, pain and suffering, and loss of amenities.

What did the court decide?

Compensation enhanced by ₹26,500 to ₹1,75,500 with 9% interest and proportionate costs; insurer directed to deposit within 60 days.

Basudev Menon K.P Vs the Legal -Claims Manager — Motor Accident Claims | Kerala HC (2024)

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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 SHOBA ANNAMMA EAPEN

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WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946

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MACA NO. 1795 OF 2020

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AGAINST THE ORDER/JUDGMENT DATED IN OPMV NO.1744 OF 2018 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT-VIII, ERNAKULAM/
IV ADDITIONAL MACT, ERNAKULAM

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APPELLANT/CLAIMANT:

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BASUDEV MENON K.P
AGED 59 YEARS
S/O. DAMODARAN NAIR, UTHRAM HOUSE, KAIRALI NAGAR
ROAD, MARADU P.O. MARADU VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PINCODE- 682 304.

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

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RESPONDENT/3RD RESPONDENT:

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THE LEGAL-CLAIMS MANAGER
M/S. NEW INDIA ASSURANCE COMPANY LIMITED,
KOTTACKAL ARYA VAIDYASALA BUILDING, M.G. ROAD,
ERNAKULAM, KOCHI, PINCODE : 682 016.

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BY ADVS.
SMT.M.N.UMARANI
LAL K JOSEPH
SURESH SUKUMAR(K/634/1997)
ANZIL SALIM(K/000447/2018)

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING
ON 22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MACA NO.1795 OF 2020

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JUDGMENT

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Dated this the 22nd day of May, 2024

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This appeal under Section 173 of the Motor Vehicles Act, 1988 (the Act) has been filed by the claimant in O.P.(MV) No.1744/2018 on the file of the Additional Motor Accidents Claims Tribunal, Ernakulam, aggrieved by the amount of compensation granted by Award dated 28/01/2020. The respondent herein is the 3^rd respondent before the Tribunal. The facts of the case are as follows:

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The appellant while waiting to cross the Kundannur-Petta road, the offending vehicle, a motor cycle bearing registration No.KL-42F6297, hit on the appellant and he fell into the ground and sustained grievous injuries. The respondent-insurance company, filed a written statement admitting the policy but challenging the compensation claimed by the appellant.

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No oral evidence was adduced by both sides. Ext.A1 to A8 were marked on the side of the appellant. No documentary evidence was

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MACA NO.1795 OF 2020

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3

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marked from the side of the respondent. The Tribunal, after consideration of the entire issue, awarded an amount of 1,49,000/-₹ with 9% interest from the date of the petition.

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Heard the learned counsel for the appellant and the learned standing counsel for the respondent-insurance company.

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It is submitted by the learned counsel for the appellant that the appellant was a Section Officer in the Arms Tribunal, Kochi, and was earning 20,000/- per month. It is further submitted that the Tribunal₹ has taken the income only in respect of a Coolie as 11,500/- as₹ monthly income for fixing the compensation under the head ‘loss of earnings’. Though the accident occurred in 2018, at the time the petition was filed before the Tribunal, the Covid-19 pandemic was in effect, so no disability certificate could be obtained. It was further contended that though loss of earnings for 5 months were claimed, only loss of earnings for 3 months were considered by the Tribunal, and similarly, for compensation for pain and suffering, though ₹1,00,000/- was claimed, only ₹50,000/- was granted by the

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MACA NO.1795 OF 2020

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Tribunal. Similarly, for the compensation of loss of amenities and enjoyment in life, the Tribunal has awarded only 35,000/- out of the₹ claim of 80,000/-, and the appellant seeks enhancement of the₹ compensation of the said heads.

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The learned standing counsel for the respondent-company, on the other hand, submitted that the amount awarded by the Tribunal is reasonable, and the Tribunal, after considering the entire aspects and documents produced by the appellant, awarded an amount of ₹1,49,000/-, which is just and reasonable, and the appellant is not entitled to any enhancement of the amount claimed in the appeal.

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I have perused the documents produced. Having heard both sides, it is found that the appellant met with the accident on 15/05/2018 and sustained the following injuries:

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“(1) Head injury/fracture frontal bone.

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(2) Fracture nasal bone.

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(3) Fracture lower radius B/L.

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(4) Fracture terminal phalanx big toe left.

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(5) Painful mobile teeth in upper jaw and descanted carrier.”

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MACA NO.1795 OF 2020

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5

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Loss of Earnings - It is true that no disability certificate was

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produced by the appellant before the Tribunal. But on a perusal of the injuries sustained, it is seen that most of the injuries were head injuries, and the appellant had claimed that he could not work for 5 months. However, no proof of the job is produced by the appellant. On considering the injury sustained by the appellant, I feel that the loss of earnings granted for 3 months can be enhanced to 4 months. Accordingly, under the head loss of earnings, 11,500/- more shall be₹ added to ₹34,500/-, which is already awarded by the Tribunal, totaling to 46,000/-.₹

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Pain and Suffering - For the injuries sustained by the appellant, that is, head injury/fracture frontal bone, fracture nasal bone, fracture lower radius B/L and fracture terminal phalanx big toe left, the appellant was hospitalized for 11 days, and the amount award by the Tribunal is 50,000/- under the head ‘pain and sufferings’. However,₹

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in view of the injuries sustained and the pain suffered by the appellant, I feel that an amount of 10,000/- more can be added to the₹

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said head. Accordingly, under the head ‘pain and sufferings’, ₹10,000/- more shall be added to ₹50,000/-, which is already awarded by the Tribunal, totaling to 60,000/-.₹

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9. Loss of amenities and enjoyment in life - The learned counsel

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for the appellant submits that he could not move out for 5 months, which affected his loss of amenities and enjoyment in life. The Tribunal has awarded an amount of 35,000/-. On consideration of₹ the entire facts, I feel that an amount of 5,000/- more can be₹ enhanced on that head also. Accordingly, under the head ‘compensation for loss of amenities and enjoyment in life’, 5,000/-₹ more shall be added to 35,000/-, which is already awarded by the₹ Tribunal, totaling to 40,000/-.₹

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Though the appellant has claimed enhancement of compensation on the other heads, on a perusal of the entire file, I feel that the amount awarded by the Tribunal on the other heads are reasonable and I find no reason to interfere with the same.

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Thus the impugned award is partly modified as follows:

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MACA NO.1795 OF 2020

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Sl. No.	Head of Claim	Amount claimed (in Rs.)	Amount awarded by the tribunal (in Rs.)	Amount modified in appeal (in Rs.)	Total compensation
1.	Loss of earning	1,00,000	34,500 (11,500x3)	11,500	46,000
2.	Transport to hospitals	5,000	2,000	-	2,000
3.	Damage to clothings	5,000	1,000	-	1,000
4.	Expenses for nourishment	30,000	5,500	-	5,500
5.	Expenses for medical treatment	50,000	15,484	-	15,484
6.	Expenses for bystander	30,000	5,500	-	5,500
7.	Compensation for pain and sufferings	1,00,000	50,000	10,000	60,000
8.	Compensation for future treatnent	20,000	-	-	-
9.	Compensation for loss of amenities and enjoyment in life	80,000	35,000	5,000	40,000
10.	Compensation for permanent disability	1,00,000	-	-	-
	Total Claim is limited to	6,20,000	1,48,984 Rounded to 1,49,000	26,500	1,75,484 Rounded to 1,75,500

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MACA NO.1795 OF 2020

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In the result, the appeal is allowed in part by enhancing the compensation by a further amount of ₹26,500/- (total compensation ₹1,75,500/- , that is, ₹1,49,000/- granted by the Tribunal + ₹26,500/- granted in appeal) with interest at the rate of 9% per annum from the date of petition till date of realization and proportionate costs. The respondent is directed to deposit the enhanced compensation with interest and costs before the Tribunal within a period of 60 days from the date of receipt of a copy of the judgment. On deposit of the compensation amount, the Tribunal shall disburse the amount to the petitioner/appellant at the earliest in accordance with law. The claimant shall furnish copies of the PAN Card, ADHAAR Card and bank details before the respondentinsurer within a period of one month from the date of receipt of a certified copy of this judgment so as to enable the insurance company to make the deposit as ordered above. In case of failure to furnish details as above, it shall be open for the insurance company

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MACA NO.1795 OF 2020

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to deposit the said amout before the Tribunal.

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 Sd/-

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SHOBA ANNAMMA EAPEN

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JUDGE

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Basudev Menon K.P v. the Legal -Claims Manager

Case brief

What is this about?

What did the court decide?

Basudev Menon K.P v. the Legal -Claims Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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