Partly allowed

V.P.Abbas v. the New India Assurance Company Ltd.

Kerala HC5 Jul 2024MACA/486/2019

Case brief

AI extract

What is this about?

Injured claimant appealed the Motor Accidents Claims Tribunal's compensation award, seeking enhancement. The High Court raised notional monthly income from ₹10,000 to ₹12,000, awarded ₹36,000 for loss of earnings and recalculated loss of earning capacity, granting an additional ₹79,200 with interest and costs.

What did the court decide?

Additional compensation of ₹79,200 with 8% interest from date of petition and proportionate costs; deposit within two months.

V.P.Abbas Vs the New India Assurance Company Ltd. — 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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FRIDAY, THE 5TH DAY OF JULY 2024 / 14TH ASHADHA, 1946

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MACA NO. 486 OF 2019

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AGAINST THE AWARD DATED 07.07.2018 IN OPMV NO.704 OF 2016 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE
APPELLANT/PETITIONER:

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V.P.ABBAS
AGED 38 YEARS
S/O. SAIDALI, RESIDING AT KORANGATTU, 482,
ANAPARAPOYIL VEEDU , P.O. THAMARASSERY, KOZHIKODE-673
573
BY ADV AVM.SALAHUDIN

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RESPONDENT/3RD RESPONDENT:

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THE NEW INDIA ASSURANCE COMPANY LTD.
CITY BRANCH NO. 1, DOOR NO. 5/86 P,
2ND FLOOR, NOOR COMPLEX, FAIR MONT BUILDING,
ERANHIPALAM, WYNAD ROAD, KOZHIKODE-673 006
BY ADV SMT.M.HEMALATHA (STANDING COUNSEL)

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 05.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MACA NO. 486 OF 2019

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JUDGMENT Dated this the 5^th day of July, 2024

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This appeal has been filed by the claimant in OP(MV) No.704 of 2016 on the file of the Motor Accidents Claims Tribunal, Kozhikode. The respondent herein is the 3^rd respondent before the Tribunal.

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According to the appellant, on 26.09.2014, at about 4.00 a.m., while he was travelling in a car bearing registration No.KL-57-B-3979 from Erattupetta to Thamarassery and when he reached Kuttippuram, the car dashed against a tree standing on the roadside, causing severe injuries to the appellant. The appellant approached the Tribunal claiming a total compensation of ₹4,83,000/-.

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The respondent-insurer filed a written statement, admitting the insurance policy, but disputing the quantum of compensation claimed. Before the Tribunal, no oral evidence was adduced by either side. Exts.A1 to A18 and X1 documents were marked on the side of the appellant. Exts.C1 to C3 were marked as court documents. Exts.B1 and B2 were marked on the side of the respondent. The Tribunal, after analysing the

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MACA NO. 486 OF 2019

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pleadings and materials on record, awarded a sum of ₹4,69,500/- as compensation under different heads with interest @ 8% 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 under the following heads:-

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I.Notional income

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The learned Counsel for the appellant submits that though the appellant had claimed an amount of ₹30,000/- towards his monthly income, the Tribunal had granted only an amount of ₹10,000/-. According to the learned Counsel for the appellant, he was a cook, working abroad at the time of accident. To prove his avocation, he has produced his passport which shows an endorsement to the effect that he had gone abroad and came back during the period of accident. Hence, there is no reason to

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MACA NO. 486 OF 2019

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disbelieve the claim of the appellant that he was working abroad. Therefore, I am inclined to fix the notional monthly income of the appellant at ₹12,000/-.

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II. Loss of earnings

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It is submitted by the learned counsel for the appellant that no amount was granted by the Tribunal under the said head, while passing the award.

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Following are the injuries sustained by the appellant during the accident:-

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(i) Acute hemorrhagic contusion in right temporal lobe

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(ii) Lacerated wound over eyebrow

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(iii) Multiple abrasion over face and forehead

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(iv) Contusion right temporal lobe

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(v) Fracture right orbit wall, right zygoma and right maxilla

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(vi) Fracture right mandible

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The appellant could not continue his work for almost six months due to the injuries. Considering the nature of the

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MACA NO. 486 OF 2019

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5

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injuries and the avocation of the appellant, I find that a period of three months can be taken for awarding compensation under the head, loss of earnings. Accordingly, the total compensation payable under the said head if fixed at ₹ 36,000/- (Rupees Thirty Six Thousand Only).

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III. Loss of earning capacity

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Since the notional income has been refixed at ₹12,000/per month, the compensation payable under the head is recalculated thus: 12000 x 12 x 15 x 12%, totalling to an amount of Rs.2,59,000/-. Thus, there will be an additional amount of ₹ 43,200/- (Rupees Forty Three Thousand Two Hundred Only) under the said head.

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Though the appellant claimed enhancement of 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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MACA NO. 486 OF 2019

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Thus the impugned award is modified as under:-

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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
	Notional income	30,000	10,000	12,000	12,000
1	Loss of earnings			36,000	36,000
2	Loss of earning capacity	1,80,000	2,16,000	43,200	2,59,200
3	Pain and sufferings	40,000	50,000	(not modified)	50,000
3	Loss of amenities	20,000	75,000	(not modified)	75,000
4	Medical expenses	2,00,000	1,15,000	(not modified)	1,15,000
5	Bystanders’ expenses	20,000	4,500	(not modified)	4,500
6	Transport to hospital	10,000	3,000	(not modified)	3,000
7	Damage to clothing	3,000	1,000	(not modified)	1,000
8	Extra nourishment	10,000	5,000	(not modified)	5,000
	Total (claim limited to)	4,83,000	4,69,500	79,200	5,48,700

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Accordingly, the appeal is allowed in part and the

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appellant/claimant is awarded an additional compensation of

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MACA NO. 486 OF 2019

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₹79,200/- (Rupees Seventy Nine Thousand Two Hundred

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Only) over and above the compensation awarded by the Tribunal with interest @ 8% 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 certif i ed copy of this judgment. The claimant shall furnish copies of the PAN Card, AADHAAR 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.

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Sd/-

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SHOBA ANNAMMA EAPEN JUDGE

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RK

V.P.Abbas v. the New India Assurance Company Ltd.

Case brief

What is this about?

What did the court decide?

V.P.Abbas v. the New India Assurance Company Ltd.

Case brief

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