Kerala High Court
Mini Vijayan vs Baby John on 21 October, 2009
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
&
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 17TH DAY OF SEPTEMBER 2014/26TH BHADRA, 1936
MACA.No. 454 of 2010 ( )
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AGAINST THE AWARD IN OPMV 653/2007 ON THE FILE OF THE MOTOR ACCIDENTS
CLAIMS TRIBUNAL, IRINJALAKUDA DATED 21-10-2009
APPELLANT/PETITIONER IN OPMV:
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MINI VIJAYAN,W/O.THRIKKASSERRY VIJAYAN,
MONADY DESOM, VELLIKULANGARA PO, MUKUNDAPURAM TALUK
THRISSUR DISTRICT.
BY ADVS.SRI.P.V.BABY
SRI.A.N.SANTHOSH
RESPONDENTS/RESPONDENTS 1 TO 3 IN OPMV:
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1. BABY JOHN, KALLINGAL HOUSE,R.S.ROAD,
TANA, IRINJALAKUDA.
2. JAISON,S/O.MUNDAKKAL DEVASSY,
MADAYIKONAM.PO.
3. UNITED INDIA INSURANCE CO.LTD., TANA,
IRINJALAKUDA BRANCH.
R,R3 BY ADV. SRI.T.V.AJAYAKUMAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 17-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AL/-
T.R.RAMACHANDRAN NAIR &
P.V.ASHA, JJ.,
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M.A.C.A. No.454 of 2010
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Dated this the 17th day of September 2014
JUDGMENT
Ramachandran Nair, J., This appeal is filed by the claimant in a motor accident claim namely the applicant in O.P.(MV) No. 653/2007.
2. Learned counsel for the appellant submitted that against the claim of `. 2 lakhs, the Tribunal has only awarded `.88,600/- in spite of the fact that she sustained very serious head injury involving subarachnoid hemorrhage and also fracture of the temporal and parietal bone at the right side. It is submitted that the compensation awarded for special damages is too low and even in respect of special damages, the assessment is faulty.
3. In paragraph 7 of the judgment, details of the injury and treatment are narrated. It is a case where the appellant was treated as inpatient for 13 days with head injury involving subarachnoid hemorrhage and also fracture of the temporal and parietal bone at the right side. Scanning was done as evidenced from Ext.A5. It is certified by Ext.A6 that there is a partial M.A.C.A. No.454 of 2010 2 hearing loss also. The percentage of disability has not been certified by the Doctor.
4. The compensation has been awarded under various heads. Going by the medical bills, an amount of `.55,800/- was granted as medical expenses which do not call for any interference.
5. As far as the monthly income of the person is concerned, even though, the claimant according to her was working as a tailor only `.2000/- per month has been assessed and on that basis, loss of earning was granted by the Tribunal. We are of the view that being a skilled worker, viz., tailor, the amount claimed at `.4,000/- is reasonable. Apart from the same, we find that the amount granted towards pain and suffering, for expenses of bye-stander, transportation charges is at a reduced rate. `.15,000/- and `.1,800/- respectively granted towards pain and suffering and discomfort and loss of amenities is comparatively too low. As far as pain and suffering is concerned, it is seen that she suffered a very serious head injury and was admitted as inpatient for 13 days. We are of the view that, an amount of `.35,000/- will be reasonable under the said head. As far as loss of earning is concerned, by taking `.4,000/- as monthly income, she will be entitled for payment of `.16,000/-. Towards the expenses of bye-stander, we award an amount of `. 4,000/- and for transportation we award `.2,000/-. M.A.C.A. No.454 of 2010 3 Towards loss of amenities and discomfort, only `.8,000/- has been granted. The Tribunal has found that there is hearing impairment which itself is a permanent disability. We grant an amount of Rs.15,000/-, which will only be reasonable. Accordingly, we re-fixed the compensation as follows:
Medical expenses : `.55,800/-
Pain and suffering : `.35,000/-
Partial loss of earnings
for four months : `.16,000/-
Loss of amenities
of life and discomfort : `.15,000/-
Expenses of bye-stander : `.4,000/-
Transportation : `.2,000/-
TOTAL : 1,27,800/-
6. Since, the vehicle is covered by a valid insurance policy, the 3rd respondent Insurance Company will be liable for payment of total amount of compensation. We direct the 3rd respondent Insurance Company to deposit the said amount less the amount already deposited before the Tribunal within a period of three months and the claimant will be free to withdraw the amount. The appeal is allowed to that extent. The interest is only awarded at M.A.C.A. No.454 of 2010 4 the rate of 7% and we re-fix it as 9% in the light of the decision of the Apex Court reported in Supe Dei(Smt.) & Ors. v. National Insurance Co. Ltd. and Anr. [(2009)4 SCC 513], in which Kaushnuma Begum v. New India Assurance Co. Ltd. [(2001) 2 SCC 9] is followed.
The appeal is allowed accordingly.
Sd/-
T.R.RAMACHANDRAN NAIR (JUDGE) Sd/-
P.V.ASHA (JUDGE) AL/-
True copy P.A to Judge