Kerala High Court
Unknown vs By Adv.Sri.Abraham Mathew (Vettoor) on 27 August, 2012
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.D.RAJAN
TUESDAY, THE 5TH DAY OF JUNE 2018 / 15TH JYAISHTA, 1940
MACA.No. 447 of 2013
AGAINST THE AWARD IN OPMV 11/2010 of MACT PALA DATED 27-08-2012
APPELLANT(S)
GOPI, S/O.KESAVAN, POWATH VADAKKETHIL HOUSE,
KORUTHODU PALLIPPADY BHAGOM,
ERUMELY NORTH VILLAGE
BY ADV.SRI.ABRAHAM MATHEW (VETTOOR)
RESPONDENTS/RESPONDENTS:
1. BIJU GEORGE, S/O. GEORGE,
VETTUKALLEL HOUSE,
KORUTHODU,
ERUMELY NORTH VILLAGE, PIN-686509
2. THE UNITED INDIA INSURANCE CO.LTD,
REPRESENTED BY ITS DIVISIONAL MANAGER KOTTAYAM
PIN-686001
R1 BY ADV. SRI.RAJESH CHAKYAT
R2 BY ADV. SRI.M.HARISHARMA
BY SRI.JOHN JOSEPH VETTIKAD
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05-06-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BNG
P.D.RAJAN, J
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M.A.C.A No.447 of 2013
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Dated this the 5th day of June, 2018
JUDGMENT
This appeal is preferred against the award in O.P(MV) No.11/2010 of the Motor Accidents Claims Tribunal, Pala by the injured. On 27.10.2009, the appellant sustained injuries in a motor accident, while he was travelling as a pillion rider in KL-7/AQ 4370 and the learned Tribunal awarded compensation of Rs.1,47,718/- with interest and cost. Being satisfied by that award amount, the injured preferred this appeal.
2. In the lower court, the owner of the vehicle did not contest the claim. The insurer admitted the insurance of the vehicle. The claimant did not adduce any oral evidence, but his documents were marked as Exts.A1 to A11. The disability certificate was marked as Ext.X1. Respondents did not adduce any evidence.
3. In injury cases the damages are to be assessed separately as pecuniary and special damages. The object is to compensate injury so far as money can compensate. When compensation is to be awarded for M.A.C.A No.447 of 2013 -2- pain, suffering and loss of amenities in life, special circumstances of the claimant have to be taken into account. Amount of compensation for non-pecuniary loss is not easy to determine, but award must reflect that different circumstances have been taken into consideration. Hence, the multiplier method has to be followed to calculate pecuniary loss upon annual basis. In Yadava Kumar v. D.M. National Insurance Co. Ltd.- 2010 (8) SCALE 567 Apex Court reiterated the principle in relation to the assessment of damages for personal injuries cases as follows:
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