Kerala High Court
Varghese.M.M vs K.P.Joy on 20 September, 2013
Author: C.T.Ravikumar
Bench: C.T.Ravikumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
THURSDAY, THE 23RD DAY OF NOVEMBER 2017/2ND AGRAHAYANA, 1939
MACA.No. 13 of 2014 ()
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AGAINST THE AWARD IN O.P(M.V)NO.230/2007 of M.A.C.T., PERUMBAVOOR
DATED 20-09-2013
APPELLANT/PETITIONER:
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VARGHESE.M.M.
S/O.MATHAI, MANJOORAN HOUSE,
KARUKUTTY P.O., ERNAKULAM DISTRICT.
BY ADV. SRI.K.K.MOHAMED RAVUF
RESPONDENTS/RESPONDENTS:
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1. K.P.JOY
KONIKARA HOUSE, CHIYYARAM P.O., THRISSUR.
2. JOMON
S/O.JOY, KONIKARA HOUSE, CHIYYARAM P.O., THRISSUR.
3. THE ORIENTAL INSURANCE CO.LTD.,
B.O.2, KPN SHOPPING COMPLEX, OPPOSITE THIRUVAMBADY
TEMPLE, SHORNUR ROAD, TRICHUR-680001.
R3 BY ADV. SRI.P.JACOB MATHEW
R1-R2 BY ADV. SRI.BLAZE K.JOSE
R3 BY ADV. SRI.MATHEWS JACOB (SR.)
R BY SMT.K.S.SANTHI
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 23-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.T.RAVIKUMAR &
B.SUDHEENDRA KUMAR, JJ.
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M.A.C.A.No.13 of 2014
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Dated 23rd November, 2017
JUDGMENT
Sudheendra Kumar, J.
Aggrieved by the inadequacy of compensation awarded by the Tribunal, the claimant before the Tribunal has filed this appeal. The appellant contended that on 16.12.2006 at about 8.30 p.m. while the appellant was travelling as a pillion rider in a motorcycle, an autorickshaw bearing Reg.No.KL-08/AE-8912 driven by the second respondent in a rash and negligent manner hit against the said motorcycle and as a consequence, the appellant sustained serious injuries. He was taken to the hospital and treated there as an inpatient.
2. In connection with the injuries sustained by the appellant, the Tribunal awarded an amount of 2,98,039/- as compensation.
3. Heard.
4. The appellant claimed that he was earning 4,750/- per month during the relevant period. However, in the absence of any evidence, the Tribunal fixed the notional monthly income of the appellant as 3,500/-. The accident was during December, 2006. The M.A.C.A.No.13 of 2014 2 appellant was aged 29 years during the relevant period. Therefore, we accept 4,750/- as the monthly income of the appellant even in the absence of any evidence to prove the same, for the purpose of calculating the disability compensation. Since the appellant was aged 29 years, 17 must be the multiplier to be employed for calculating the disability compensation as held by the Apex Court in Sarla Verma v. Delhi Transport Corporation [2010 (2) KLT 802 (SC)]. The appellant sustained 10% disability as per Ext.X1 certificate issued by the Medical Board. The Tribunal accepted the disability stated in Ext.X1 certificate as the said certificate was issued by a Medical Board. We also find no reason to deviate from the finding of the Tribunal in this regard. Therefore, the appellant is entitled to an amount of 96,900/- (4,750x12x17x10/100) as compensation towards disability as against an amount of 71,400/- awarded by the Tribunal. Thus, the appellant is granted an additional amount of 25,500/- under the said head. Since we have re-fixed the monthly income, the appellant is entitled to an amount of 19,000/- as compensation towards loss of earnings for four months as against an amount of 14,000/- awarded by the Tribunal. Thus, the appellant is granted an additional amount of 5,000/- under the said head. The appellant sustained fracture of shaft of left femur, degloving left ankle and compartment syndrome. Internal fixation and M.A.C.A.No.13 of 2014 3 debridement were done. Plaster of paris was also applied. The appellant had undergone treatment as inpatient in the hospital for 42 days. Since the appellant had undergone treatment as inpatient in the hospital for 42 days, we are granting an amount of 8,400/- at the rate of 200/- per day as compensation towards bystander expenses as against 6,300/- awarded by the Tribunal. Thus, the appellant is entitled to an additional amount of 2,100/- under the said count. Considering the nature of injuries sustained by the appellant, the period of treatment undergone by the appellant as inpatient and also the extent of permanent disability sustained by the appellant, we are granting an amount of 20,000/- as compensation towards loss of amenities as against an amount of 12,000/- awarded by the Tribunal. Thus, the appellant is entitled to an additional amount of 8,000/- under the said count. The appellant had sustained disfiguration of his leg due to the injuries sustained in the accident. Therefore, we are granting an additional amount of 5,000/- as compensation towards disfiguration as the Tribunal awarded only 20,000/- under the said head. Thus, the appellant is granted an amount of 45,600/- as additional compensation. The above amount carries interest at the rate of 8% per annum from the date of petition till the date of deposit. The third respondent, being the insurer of the vehicle involved in the M.A.C.A.No.13 of 2014 4 accident, shall deposit the compensation amount with interest before the Tribunal, within one month from the date of receipt of a copy of this judgment.
The appeal stands disposed of as above. There will be no order as to costs.
Sd/-
C.T.RAVIKUMAR Judge Sd/-
B.SUDHEENDRA KUMAR Judge TKS