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Showing contexts for: erectile dysfunction in National Insurance Company vs M.Hshim on 12 June, 2024Matching Fragments
HE NATIONAL INSURANCE INSURANCE COMPANY., T P.B.NO.811, NOOR COMPLEX, NEAR ARAYIDATHUPALAM, MAVOOR ROAD, KOZHIKODE, REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, M.G.ROAD, ERNAKULAM. BY ADV SEBASTIAN VARGHESE ESPONDENTS/PETITIONER AND THE 1ST RESPONDENT IN R OP(MV)NO.1459/2004: 1 M.HASHIM, AGED 28 YEARS, S/O.MAMMED KOYA, PALAKKAL HOUSE, P.O.ARAKKINAR, KOZHIKODE - 28, NADAVATTOM AMSOM DESOM 673 028. 2 P.P.ABOOBACKER, AGE NOT KNOWN, S/O.MOIDEENKOYA, 21/337, KAPPAKKAL, PAYYANAKKAL, P.O.KALLAI, CALICUT-673002. MACA 1040 of 2013 2 BY ADV SRI.M.MUHAMMED SHAFI THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY EARD H ON 12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA 1040 of 2013 3 J U D G M E N T This appeal is at the instance of the 2nd respondent-Insurer in OP(MV) No.1459 of 2004 on the file of Principal Motor Accidents Claims Tribunal, Kozhikode, alleging that the award amount is exorbitant. 2. The 1st respondent/claimant met with a road traffic accident on 18.03.2004, at 10.30 p.m., while he was riding a motorcycle through Kallai road at Kozhikode. He was knocked down by a stage carriage bearing registration No.KL-11/A-7677,whichwasownedbythe2ndrespondent[R1 in the OP(MV)]. He suffered serious injuries and he was admitted and treated in various hospitals for about 153 days. He approached the Tribunal claiming only Rs.7,50,000/-, but the Tribunal awarded Rs.12,24,569/-, which according to the appellant is highly excessive. 3. Now this Court iscalledupontoanswerwhetherthere is any illegality, irregularity or impropriety in the impugned award, warranting interference by this Court. 4. Heard learned counsel for the appellant-Insurer and MACA 1040 of 2013 4 learned counsel for the 1st respondent-claimant. 5. At the time of hearing, learned counsel for the appellant, restricted his challenge to the compensation awardedbytheTribunaltowardspainandsufferingandlossof amenities. 6. Towards pain and suffering, learned Tribunal awarded Rs.1,50,000/-. The appellant was a 28 year old man at the time of accident. He had suffered fracture pelvis with soft tissue injury over right thigh, right hip, right shoulder etc., fracture leftiliacwingandcrust,fracturetorightpubicramus, SIJ disruption right, fracture L5 transverse process left, urethral injury and mental depression. He was treated at Medical College Hospital, Kozhikode, initially for 59 days. Thereafter, he was admitted and treated at BMH Hospital, Kozhikode, Shibas Hospital, Kozhikode and Sathyasai Institute at Puttaparthi. He had undergone seven major surgeries, during the period of hospitalisation, which comes to 153 days in total. Considering these facts, compensation of Rs.1,50,000/- awarded by the Tribunal towards pain and MACA 1040 of 2013 5 suffering, is not excessive, and it is only reasonable. So this Court is not inclined to interfere with the compensation awarded by the Tribunal under the head pain and suffering. 7. Towards loss of amenities, learned Tribunal awarded Rs.3,00,000/-.InExt.C1DisabilityCertificate,hisdisabilitywas noted as 58%. He had incontinence of urine during day and night, and was having problems to genitourinary system. He suffered injurytohispenisandhisimpotencywasassessedto be10%.Hesufferederectiledysfunctionalso.LearnedTribunal notedthattheclaimantcouldnotliveahappymarriedlife,and he lost his entire pleasures in life, and his life span got shortened also. Even then, Rs.3,00,000/- awarded under the head 'loss of amenities' seems to be on the higher side. This Court is of the view that Rs.2,50,000/- is just and reasonable compensation towards loss of amenities. So the appellant is entitled to deduct Rs.50,000/- from thecompensationamount awarded by the Tribunal. 8. Learned counsel for the appellant submitted that 65% of the award amount has been already deposited by them MACA 1040 of 2013 6 before the Tribunal. So from the balance amount to be deposited, the appellant can deduct Rs.50,000/-. The appellant-Insurer [R2 in OP(MV)] is directed to deposit the balance amount with interest and proportionate costs as ordered by the Tribunal, within a period of two months from thedateofreceiptofacopyofthisjudgment.LearnedTribunal shall disburse that amount to the 1st respondent/claimant, afterdeductingtheliabilities,ifany,towardstax,balancecourt fee, legal benefit fund etc. The appeal is allowed inparttotheextentasabove,and no order is made as to costs. Sd/- SOPHY THOMAS JUDGE DSV/-