Kerala High Court
Unknown vs By Advs.Sri.M.Ramesh Chander (Sr.) on 10 May, 2017
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.D.RAJAN
WEDNESDAY, THE 4TH DAY OF JULY 2018 / 13TH ASHADHA, 1940
MACA.No. 3485 of 2017
AGAINST THE AWARD IN OP(MV)NO.876/2009 of MOTOR ACCIDENT CLAIMS
TRIBUNAL,ATTINGAL, DATED 10-05-2017.
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APPELLANT(S)/APPLICANT
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SHIJU,
S/O. VASUDEVAN, R.P COTTAGE,
OPPOSITE POLICE STATION,
VENJARAMOODU P.O, NELLANADU VILLAGE,
THIRUVANANTHAPURAM DISTRICT.
BY ADVS.SRI.M.RAMESH CHANDER (SR.)
SMT.K.A.SANJEETHA
SRI.BALU TOM
RESPONDENT(S)/RESPONDENTS:
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1. SURESH NAIR,
S/O. KRISHNANKUTTY NAIR,
KRISHNA, VILAYILMOOLA,
KEEZHATTINGAL P.O,
KEEZHATTINGAL DESOM AND VILLAGE, PIN - 695 101.
2. MADHAVAN NAIR,
S/O. KESAVA PILLAI, NETTARA K.P SADANAM,
VEERALAM, ATTINGAL P.O, - 695 101.
3. THE NEW INDIA ASSURANCE CO. LTD,
BRANCH OFFICE, 15/164, NEAR MUNICIPAL BUS STAND,
MAIN ROAD, ATTINGAL - 695 101.
R3 BY ADV. SRI.VIJU THOMAS
BY SRI.A.A.ZIYAD RAHMAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 04-07-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TS
03.8.2018
P.D. RAJAN, J.
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M.A.C.A. No.3485 of 2017
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Dated this the 4th day of July, 2018
JUDGMENT
This appeal is preferred against the award in O.P.(M.V) No.876 of 2009 of the Motor Accidents Claims Tribunal, Attingal by the injured. Appellant sustained injuries in a motor accident on 02.06.2008 and the learned Tribunal awarded compensation of Rs.1,45,497/- (Rupees One Lakh Forty Five Thousand Four Hundred and Ninety Seven only) with 9% interest and proportionate cost. Being aggrieved by that, the injured preferred this appeal.
2. There was no dispute with regard to the accident. 1st respondent was ex parte in the lower court. The 2nd and 3rd respondents filed written statement. The 2nd respondent contended that the accident was due to the negligence of the injured. The insurer admitted the insurance of the vehicle. The claimant was examined as PW1 and his documents were marked as Exts.A1 to A18. The learned Tribunal awarded the following amounts as M.A.C.A. No.3485 of 2017 2 compensation. Loss of earnings Rs.16,365/-, Transport to hospital Rs.2,000/-, Extra nourishment Rs.1500/-, Damage to clothing Rs.500/-, Medical expenses Rs.67,112/-, Bystander expenses Rs.5,100/-, Pain and sufferings Rs.20,000/-, Disability income Rs.25,920/-, Loss of amenities Rs.7,000/-. The total compensation awarded by the Tribunal is Rs.1,45,497/- (Rupees One Lakh Forty Five Thousand Four Hundred and Ninety Seven only).
3. Learned counsel appearing for the appellant contended that the injured was working as a Head Constable at the time of accident and subsequently after the accident he was converted as a Clerk. His future prospects in promotion in Police Service totally came to an end due to the injuries. Now, he cannot even wear his boots and in the circumstance, his further promotion as Sub Inspector and Circle Inspector was restricted. Hence, he is entitled to get just amount as compensation.
4. In permanent injury case, the injured is entitled to get higher income than that in death case. The damages are to be assessed separately as pecuniary M.A.C.A. No.3485 of 2017 3 and special damages. The object is to compensate injury so far as money can compensate. When compensation is to be awarded for 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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