Kerala High Court
Mallika vs United India Insurance Company Ltd on 10 April, 2025
MACA. No.4086/2016
1
2025:KER:31545
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
MACA NO. 4086 OF 2016
AGAINST THE AWARD DATED IN OPMV NO.360 OF 2009 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL , PALAKKAD
APPELLANT/PETITIONER:
MALLIKA
AGED 25 YEARS,D/O VALAYUDHAN,
ARUPUZHA HOUSE, VADAKKENADA,
KAVASSERI PO, ALATHUR, PALAKKAD DISTRICT.
BY ADV SRI.BABY MATHEW
RESPONDENT/3RD RESPONDENT:
UNITED INDIA INSURANCE COMPANY LTD
PARK HOUSE BUILDING, ROUND NORTH,TRISSUR,
(INSURER OF MOTORCYCLE REG.NO.KL-8/R 8193,
(VALID FROM 16.2.2008 TO 15.2.2009.
BY ADV SMT.DEEPA GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA. No.4086/2016
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2025:KER:31545
JUDGMENT
Dated this the 10th day of April, 2025 The petitioner in O.P.(M.V.) No.360/2009 on the file of the Motor Accident Claims Tribunal, Palakkad is the appellant herein. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal).
2. The petitioner filed the above O.P. under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries sustained in a motor vehicle accident that occurred on 5.1.2009. According to the petitioner, on 5.1.2009 at about 2 p.m., while she was walking along the side of the road, a motor cycle ridden by the 2 nd respondent in a rash and negligent manner knocked her down and as a result of which she sustained serious injuries.
3. The 1st respondent is the owner, the 2nd respondent is the rider and 3rd respondent is the insurer of the offending vehicle. According to the petitioner, the accident occurred due to the negligence of the driver of the offending vehicle. The quantum of compensation claimed in the MACA. No.4086/2016 3 2025:KER:31545 O.P. is Rs.1,50,000/-.
4. The insurance company filed a written statement, admitting the accident as well as policy, but disputing the negligence on the part of the driver of the offending vehicle.
5. The evidence in the case consists of documentary evidence Exts.A1 to A11 series.
6. After evaluating the evidence on record, the Tribunal found negligence on the part of the driver of the offending vehicle, awarded a total compensation of Rs.65,900/- and directed the insurer to pay the same.
7. Aggrieved by the quantum of compensation awarded by the Tribunal, the petitioner preferred this appeal.
8. Now the point that arises for consideration is the following:
Whether the quantum of compensation awarded by the Tribunal is just and reasonable?
9. Heard Sri.Baby Mathew, the learned Counsel appearing for the petitioner/appellant, and Smt. Deepa George, the learned Standing MACA. No.4086/2016 4 2025:KER:31545 Counsel for the 3rd respondent.
10. The Point: In this case the accident as well as valid insurance policy of the offending vehicle are admitted. At the time of the accident, the petitioner was a Plus Two student and was aged 17 years.
11. In the accident the petitioner sustained the following injuries:
"temporo-parietal EDH and traumatic SAH. fracture of right temporal bone"
12. Petitioner was treated as inpatient for a period of 9 days and in the meantime a surgery was also conducted. However, the petitioner has not produced any disability certificate and as such the petitioner is not entitled to get any compensation on the head 'loss of disability'.
13. The compensation awarded by the Tribunal is only a total sum of Rs.65,900/-, and out of which Rs.45,000/- is medical expenses. Only Rs. 9000/- was awarded towards pain and suffering and rs.10,000/- was awarded towards 'loss of amenities of life'. According to the learned counsel for the petitioner, the compensation awarded on those heads are on the lower side.
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2025:KER:31545
14. From Exhibit A10 discharge summary it is noted that:
"Patient prepared and draped with Betascrub, Betadine and Spirit.
Right fronto-temporal skin flap marked and free flap raised. 2 burr holes made and using Craniotome, free bone flap raised. Extradural haematoma present.
Bleeding from the posterior branch of middle meningeal artery, coagulated. Haemostasis achieved.
Brain post-evacuation was pulsating well. Bone flap replaced.
Drain kept.
Incision closed using Vicryl and Ethilon. Patient extubated.
Conscious, obeying simple commands."
15. Therefore, it can be seen that the petitioner sustained serious injuries in the accident and he was treated as inpatient for 9 days. Because of the injuries sustained and the length of treatment undergone by the petitioner, I hold that the compensation awarded by the Tribunal on the heads 'pain and sufferings', 'loss of amenities of life', Bystander expenses' and 'extra nourishment' are on the lower side and hence they MACA. No.4086/2016 6 2025:KER:31545 are enhanced to Rs.75,000/-, Rs.50,000/-, Rs.2,000/- and Rs.5,000/- respectively. Towards loss of study, the petitioner is awarded a sum of Rs.40,000/-.
16. No change is required, in the amounts awarded on other heads, as the compensation awarded on those heads appears to be just and reasonable.
17. Therefore, the petitioners/appellants are entitled to get a total compensation of Rs.2,18,000/-, as modified and recalculated above and given in the table below, for easy reference:
Sl.
No. Head of Claim Amount awarded by Amount Awarded in
Tribunal (in Rs.) Appeal (in Rs.)
1 Loss of study Nil 40,000/-
2 Medical expenses 45,000/- 45,000/-
3 Bystander expenses 900/- 2,000/-
4 Damage to clothing etc. 250/- 250/-
5 Transportation 750/- 750/-
6 Extra nourishment Nil 5,000/-
7 Pain and suffering 9,000/- 75,000/-
8 Loss of amenities 10,000/- 50,000/-
Total 65,900/- 2,18,000/-
Amount enhanced - Rs.1,52,100/-
18. In the result, this Appeal is allowed in part, and Respondent MACA. No.4086/2016 7 2025:KER:31545 No.3 is directed to deposit a total sum of Rs.2,18,000/- (Rupees two lakhs eighteen thousand only), less the amount already deposited, if any, along with interest at the rate ordered by the Tribunal, from the date of the petition till deposit/realisation, excluding interest for a period of 700 days, the period of delay in filing the appeal, with proportionate costs, within a period of two months from today. (Enhanced compensation will carry interest @8%).
19. On depositing the aforesaid amount, the Tribunal shall disburse the entire amount to the petitioner, excluding court fee payable, if any, without delay, as per rules.
Sd/-
C. PRATHEEP KUMAR, JUDGE sou.