Partly allowed

Zakariya.P.P v. Krishnankutty.K

Kerala HC4 Jul 2024MACA/266/2019

Case brief

AI extract

What is this about?

The court allowed the appeal in part, deciding to enhance the appellant's notional monthly income to ₹10,000. Consequently, the compensation for loss of earning and permanent disability was recalculated, resulting in a total additional award of ₹1,06,400 over the tribunal's award.

What did the court decide?

Enhanced compensation awarded by adding ₹1,06,400 to the original amount, payable with interest.

Zakariya.P.P Vs Krishnankutty.K — Motor Accident Claims | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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THURSDAY, THE 4TH DAY OF JULY 2024 / 13TH ASHADHA, 1946

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MACA NO. 266 OF 2019

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AGAINST THE AWARD DATED 31.03.2017 IN O.P (MV) NO.1437 OF 2013 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY

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APPELLANT/PETITIONER :-

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ZAKARIYA.P.P, AGED 51 YEARS
S/O.KHADER HAJI,MADATHIL HOUSE,KATTUMADAM,
KALLAI.P.O,ANJARAKKANDY,THALASSERY TALUK,
KANNUR DISTRICT.

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BY ADV PHIJO PRADEESH PHILIP

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RESPONDENTS/RESPONDENTS :-

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1 KRISHNANKUTTY.K

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DRIVER GRADE II,K S R T C,PALAKKAD.

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2 THOMAS.C.V, S/O.JOSEPH VARGHESE,CHIRAYILPARAMBIL HOUSE, THENIDUKKU,PARUVASSERY.P.O, PALAKKAD DISTRICT.

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3 THE ORIENTAL INSURANCE CO.LTD, DIVISIONAL OFFICE,SHOBHA TSM COMPLEX,R.S.ROAD,PALAKKAD.

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BY ADV SRI.A.R.GEORGE - SC

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 04.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MACA NO. 266 OF 2019

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JUDGMENT

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This appeal has been filed by the claimant in O.P (MV) No.1437 of 2013 on the file of the Motor Accidents Claims Tribunal, Thalassery. The respondents herein are the respondents before the tribunal.

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According to the appellant/claimant, on 02.08.2012, while the appellant was travelling in a car bearing Registration No.KL-58D/5815 towards Thalassery, a lorry bearing Registration No.KL-49B/6946 driven by the 1^st respondent in a rash and negligent manner, hit against the car of the appellant. As a result of the accident he has sustained serious injuries. The appellant approached the tribunal claiming a total compensation of Rs.15,00,000/-.

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The respondent insurer filed a written statement, admitting the policy, but disputing the quantum of compensation claimed. Before the tribunal, no oral evidence was adduced on either side. Exts.A1 to A9 were marked on the side of the appellant/claimant and Ext.X1 – disability certificate was marked as court exhibit. The tribunal, after analysing the pleadings and materials on record, awarded a sum of Rs.5,53,200/- as

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MACA NO. 266 OF 2019

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compensation under different heads with interest @ 9% per annum from the date of petition till realization, against the respondent being the insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has come up in appeal.

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Heard the learned counsel for the appellant and the learned Standing Counsel for the respondent insurer.

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The learned counsel for the appellant claims enhancement mainly under the following heads:

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Income/notional income :- The learned counsel for the appellant submitted that though an amount of Rs.1,00,000/- per month was claimed by the appellant, the tribunal has taken only Rs.5,000/- as his notional income. It is submitted by the learned counsel for the appellant that the appellant was a businessman, but no document was produced to prove the income. The learned counsel for the appellant produced a tax receipt of his shoproom, where he was doing a textile business. Even if the appellant was a coolie, the notional income ought to have been fixed as per the decision in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. [(2011) 13 SCC 236] i.e., ₹9,500/-. Considering the fact that the appellant was a

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MACA NO. 266 OF 2019

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businessman, I am of the opinion that the notional monthly income of the appellant can be refixed at ₹10,000/-.

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Loss of earning :- Since the notional income is ref i xed at Rs.10,000/-, the loss of income has to be recalculated. Thus, the total compensation under the said head will be Rs.60,000/(Rs.10,000 x 6). The tribunal has already awarded an amount of Rs.30,000/- and thus, there will be an additional amount of Rs.30,000/- under the said head.

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Compensation for permanent disability:- Though an amount of Rs.5,50,000/- was claimed under the said head, only Rs.62,400/- was awarded by the tribunal. Since there is an enhancement of notional income to Rs.10,000/- by this Court, the compensation paid under the said head has to be recalculated. Thus, the total compensation payable under the said head will be ₹1,24,800 / - (10,000x12x13x8/100). Therefore, there will be an additional amount of Rs.62,400/- under the said head.

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Loss of amenities :- Though Rs.1,00,000/- was claimed by the appellant , the tribunal has awarded only Rs.16,000/- under the said head. Considering the nature of injuries and the hospitalization undergone by the appellant, I f i nd that an additional amount of Rs.14,000/- can be granted under the said

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MACA NO. 266 OF 2019

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head.

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6. Though the appellant claimed enhancement of

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compensation under other heads, on a perusal of the records available, I am not inclined to interfere with the compensation awarded by the tribunal under other heads since it appears to be just and reasonable.

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Thus, the impugned award of the tribunal is modified as

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follows;

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Sl. No.	Head of Claim	Amount claimed	Amount awarded by the tribunal	Modified in appeal	Total compensatio n
1.	Loss of earning	5,00,000	30,000	30,000	60,0000
2.	Partial loss of earnings	Nil	Nil	Nil	Nil
3.	Transport to hospital	20,000	27,500	(not modified)	27,500
4.	Extra nourishment	25,000	12,000	(not modified)	12,000
5.	Damage to clothing and articles	5,000	2,000	(not modified)	2,000
6.	Others: (a)Medical expenses (b) Bystander’s expenses	2,75,000	3,13,300	(not modified)	3,13,300
7.	Pain and sufferings	1,25,000	90,000	(not modified)	90,000
8.	Compensation for continues or Permanent disability/ future earnings	5,50,000	62,400	62,400	1,24,800
9.	Amenities	1,00,000	16,000	14,000	30,000
	TOTAL	15,00,000	5,53,200	1,06,400	6,59,600

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MACA NO. 266 OF 2019

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Accordingly, the appeal is allowed in part and the appellant/claimant is awarded an additional compensation of Rs.1,06,400/- (Rupees one lakh six thousand and four hundred only) over and above the compensation awarded by the tribunal with interest @ 9% per annum from the date of petition till realization and proportionate costs. The respondent insurer shall deposit the said amount together with interest and costs within a period of two months from the date of receipt of a certified copy of this judgment. The claimant shall furnish copies of the PAN Card, ADHAAR Card and bank details before the respondent insurer within a period of one month 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 to deposit the said amount before the tribunal. Upon such deposit being made, the entire amount shall be disbursed to the appellant at the earliest in accordance with law. However, it is made clear that the enhanced compensation will not carry interest for the period of delay of 537 days in filing the appeal.

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Sd/-

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SHOBA ANNAMMA EAPEN JUDGE

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SMA

Zakariya.P.P v. Krishnankutty.K

Case brief

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Zakariya.P.P v. Krishnankutty.K

Case brief

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