Kerala High Court
Unknown vs By Advs.Sri.T.K.Radhakrishnan on 19 July, 2012
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.D.RAJAN
WEDNESDAY, THE 23RD DAY OF MAY 2018 / 2ND JYAISHTA, 1940
MACA.NO. 2643 OF 2012
AGAINST THE AWARD IN O.P.(M.V.) NO.1882/2009 OF THE MOTOR ACCIDENTS CLAIMS
TRIBUNAL,KOTTAYAM DATED 19-07-2012
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APPELLANT(S)/PETITIONER IN O.P.(M.V.)
NO.1882/2009 OF MACT, KOTTAYAM :
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SUNILKUMAR C.R.,
CHEMPANKULAM HOUSE, VECHUCHIRA P.O., PATHANAMTHITTA,
NOW RESIDING AT CHENPANKULAM, CHAMPAKARA P.O.,
KOTTAYAM.
BY ADVS.SRI.T.K.RADHAKRISHNAN
SRI.T.B.GAFOOR
RESPONDENT(S)/RESPONDENTS IN O.P.(M.V.) NO.1882/2009
OF MACT, KOTTAYAM :
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1. RAJAN P.K.,CHERAKKATTU,
ENCHOOR, VARAPETTY, ERNAKULAM.
2. V.A.RAFEEQ, VALLOORAN,
CHELAKKULAM, VENGOLA, ERNAKULAM,
3. THE NATIONAL INSURANCE COMPANY LTD.,
KOTTAYAM.
R3 BY ADV. SMT.SARAH SALVY
BY ADV. SRI.M.A.GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23-05-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
NS
P.D. RAJAN, J.
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M.A.C.A. No.2643 of 2012
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Dated this the 23rd day of May, 2018
JUDGMENT
This appeal is preferred against the award in O.P.(M.V.) No.1882 of 2009 of the Motor Accidents Claims Tribunal, Kottayam. The learned Tribunal awarded an amount of Rs.2,69,825/- (Rupees Two Lakh Sixty Nine Thousand Eight Hundred and Twenty Five only) with 7.5% interest and proportionate cost as compensation. Being aggrieved by that, the injured preferred this appeal.
2. On 07.12.2017 this Court disposed of the matter and the award amount of the Tribunal was enhanced to Rs.8,19,760/- (Rupees Eight Lakh Nineteen Thousand Seven Hundred and Sixty only). Subsequently, the Judgment dated 07.12.2017 was recalled on 20.12.2017 and the injured was referred to Medical Board on the basis of the objection filed by the insurer. Accordingly, The Superintendent, Government Medical College Hospital, Kottayam examined the injured and M.A.C.A. No.2643 of 2012 2 assessed the disability at 32%. The report of the Superintendent, Medical College Hospital, Kottayam is marked as Ext.X1.
3. There is no dispute with regard to the accident. After preferring this appeal, the injured produced a Disability Certificate which was issued from the District Medical Board, Pathanamthitta. Learned counsel appearing for the insurer disputed that Certificate, that is why this Court referred the injured to Medical Board, Kottayam. Accordingly, the Medical Board reported 32% disability. The insurer has now no dispute with regard to the medical certificate issued from the Medical Board, Medical College Hospital, Kottayam, because the injured was referred to Medical College Hospital, at his suggestion. The injured is a qualified cook by profession. A Division Bench of this Court had earlier taken Rs.8,000/- as his monthly income, since the injured was employed in Doha as a Cook. This Court, at that time, observed that there was error in taking the income as Rs.4,500/- per month. I have no quarrel with the income M.A.C.A. No.2643 of 2012 3 taken by this Court. Therefore, his monthly income is taken as Rs.8,000/-.
4. In permanent injury case, the injured is entitled to get higher income than in death case. 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 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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