Kerala High Court
K.C.Sreenivasan vs United India Insurance Co.Ltd on 25 April, 2011
Author: S. Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
&
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
WEDNESDAY, THE 20TH DAY OF NOVEMBER 2013/29TH KARTHIKA, 1935
MACA.No. 1451 of 2011 ( )
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AGAINST THE AWARD IN OPMV 65/2007 of MOTOR ACCIDENT CLAIM
TRIBUNAL, OTTAPPALAM DATED 25-04-2011
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APPELLANT/PETITIONER :
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K.C.SREENIVASAN, S/O.K.K.CHINNAMOOTHAN,
AGED 39 YEARS, NOW RESIDING AT MUNDAYIL HOUSE,
MUTHUKURUSSI, THACHAMPARA, MANARGHAT
FORMERLY, AT KANNIMUTHANVEEDU, MUTHANTHERA
KODUVAYUR.
BY ADV. SRI.JACOB SEBASTIAN
RESPONDENT(S)/RESPONDENT NO.3:
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UNITED INDIA INSURANCE CO.LTD.,
NEMMARA, PALGHAT.
R1 BY ADVS. SRI.P.K.MANOJKUMAR
SRI.JOHN JOSEPH VETTIKAD
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 20-11-2013, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
BP
S.SIRI JAGAN & K. RAMAKRISHNAN, JJ.
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M.A.C.A. No.1451 of 2011
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Dated this the 20th day of November, 2013
J U D G M E N T
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S. Siri Jagan, J.
The injured in a motor accident is the appellant herein. He suffered injuries in an accident caused by the negligent driving of a vehicle insured with the respondent. The appellant filed O.P.(MV) No.65/2007, before the Motor Accidents Claims Tribunal, Ottapalam, claiming compensation for the injuries and consequent disability suffered by him in the accident. The Tribunal, after finding negligence on the part of the driver of the vehicle, awarded compensation under various heads as follows:
Head of claim Amount awarded
Loss of earning (Total) 10000
Property damages Nil
Medical and miscellaneous expenses physiotherapy expenses 184000 Future treatment Nil Bystanders expenses 5600 Transportation expenses 5000 Extra nourishment 2800 Damage to clothing etc. 500 M.A.C.A. No.1451 of 2011 -2- Head of claim Amount awarded Pain and suffering 20000 Loss of dependency Loss of consortium Loss of love and affection Loss of estate Loss/reduction in earning capacity Nil Loss of amenities and conveniences etc. 15000 Compensation for partial disability 348345 Total 591245
2. Dissatisfied with the quantum of compensation awarded by the Tribunal the appellant has filed this appeal seeking enhanced compensation.
3. The accident was on 6.2.2006. At that time, the appellant was aged 39 years. He was a bakery worker. He claimed Rs.5,000/- as monthly income. The Tribunal fixed it as Rs.2,500/-. According to the appellant, it is on the lower side. The appellant contends that considering the very serious injuries to his head and face, the compensation awarded for pain and sufferings is ridiculously low. It is further contended that the Tribunal accepted 77.41% whole body disability, despite which the compensation awarded M.A.C.A. No.1451 of 2011 -3- for loss of amenities and convenience in life is only Rs.15,000/-. It is the contention of the appellant that the appellant had produced medical bills for Rs.1,91,038/- out of which the Tribunal accepted only Rs.1,84,000/- without assigning any reason, which is unsustainable.
4. The learned counsel for the insurance company submits that the Tribunal has awarded just and proper compensation under all heads.
5. We have considered the rival contentions in detail.
6. We are of opinion that considering the present day standards, in 2006, a bakery worker would have had an income of at least Rs.3,500/- per month. So we fix the monthly income of the appellant as Rs.3,500/-. The multiplier applicable is 15 and taking 77.41% disability, the appellant would be entitled to get Rs.4,87,683/- (3500 x 12 x 15 x 77.41%) as compensation for loss of earning capacity, instead of Rs.3,48,345/- awarded by the Tribunal. The difference would be Rs.1,39,338/-. The appellant suffered M.A.C.A. No.1451 of 2011 -4- the following injuries:
"head injury CT showed bitemporal fracture with bitemporal extra dural haematoma with pneumocephalus and facio maxillary injury fracture Rt. maxillary complex and fracture nasal bones, traumatic opthalmoplegia with optic nerve compressive neuropathy Rt. Eye, lacerated wound Rt. eyebrow and ecchymosis both eyes".
It does not require any expert opinion to conclude that those are very serious injuries, as a result of which the appellant would have suffered great pain for quite sometime. Therefore, we are inclined to enhance the compensation for pain and sufferings to Rs.50,000/- from Rs.20,000/-. For 77.41% permanent disability, which the appellant has to put up for the rest of his life, compensation of Rs.15,000/- for loss of amenities and convenience in life is very very low. We enhance it to Rs.1,00,000/- from Rs.15,000/-. Considering the injuries, the appellant would have spent much more than the amounts covered by the bills produced by him towards medical expenses. Therefore, we fix the compensation for medical expenses to Rs.2,00,000/-. We are of opinion that the Tribunal has M.A.C.A. No.1451 of 2011 -5- awarded just and proper compensation under other heads. Resultantly, the appellant would be entitled to get an additional compensation of Rs.2,70,338/- over and above what has been awarded by the Tribunal. This amount would carry interest at the rate of 9% per annum from the date of the claim petition till date of payment. The respondent- insurance company is directed to deposit this amount also within two months.
With the above modification of the impugned award of the Tribunal, the appeal is disposed of.
Sd/-
S.SIRI JAGAN, JUDGE Sd/-
K.RAMAKRISHNAN, JUDGE Shg/