Kochannan v. Nobins.T.D
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 13TH DAY OF MARCH 2015/22ND PHALGUNA, 1936 MACA.No. 1542 of 2012 () ------------------------- AGAINST THE AWARD IN OPMV 2912/2002 of SPL.COURT FOR EC ACT CASES &MACT,TSR DATED 31-12-2008 APPELLANT/PETITIONER:
------------------------ KOCHANNAN W/O RAPPAI, KUNDUKULAM HOUSE, ELTHURUTHU P.O THRISSUR DISTRICT BY ADVS.SRI.C.A.CHACKO SMT.C.M.CHARISMA RESPONDENTS/RESPONDENTS:
----------------------------
1. NOBINS.T.D THATTIL HOUSE, OLRIKKARA. P.O THRISSUR DISTRICT 680001
2. LEYON T.D, THATTIL HOUSE, PUTHENPEEDIAKA, KISHAKKUMCHERY P.O PERINGOTTUKARA, THRISSUR DISTRICT 680565
3. UNITED INDIA INSURANCE CO. LTD, BRANCH OFFICE, THRISSUR 680001 R3 BY ADV. SRI.PMM.NAJEEB KHAN R BY SRI.JOHN JOSEPH VETTIKAD THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AL/-
T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of March 2015
JUDGMENT
Asha, J., The appellant sustained serious injuries in a motor accident which occurred on 3.6.2002. She was a pillion rider on a motor cycle. When the rider applied sudden brake she fell down and sustained serious injuries. Immediately she was admitted to West Fort Hospital, Thrissur. She underwent treatment as inpatient for a period of 20 days.
2. The claim petition was filed seeking compensation to the tune of Rs.3,50,000/-. The Tribunal awarded a sum of Rs. 1,24,300/-. This appeal is filed seeking enhancement of compensation.
3. We heard the learned counsel on both sides.
4. The age of the appellant was 55 at the time of the accident. The injury sustained by her are as follows:- " left frontal contusion, right temporal contusion, fracture right temporal traumatic SAH, brain bulging."
5. The disability was assessed as 15%. The Tribunal
:2:
awarded a sum of Rs. 21600/- towards compensation for disability. We find that though, the appellant is a house wife with no fixed income, her service as a housewife, which is beyond valuation remained suspended till completion of her treatment and convalescence. We take her notional income as Rs.2,500/- per month. As she was aged 55, the proper multiplier is 11. Therefore the total compensation under the head of disability will come to Rs. 49,500/- (Rs.2500x12x11x15/100). The Tribunal awarded a sum of Rs.2000/- towards bystander's expenses. We enhance the same to Rs. 3000/- reckoning at the rate of Rs.150/- per day. Under the head pain and suffering, the Tribunal has awarded a sum of Rs. 12,000/- and Rs.8,000/- towards loss of amenities.
Having regard to the nature of injuries as explained and the discomfort and inconvenience she suffered and the prolonged procedure of treatment, we enhance the same to Rs.35,000/-. On account of the disability incurred, she will be unable to enjoy the normal amenities of life as she enjoyed before the accident. Therefore, we enhance the same to Rs. 35,000/-.
:3:
Sl. No.
Heads of claim Amt.awarded Amt.modified Loss of earning Nil Expense for transportation Expense for extra nourishment Damages to clothing Expense for treatment 77200 77200 Expense for bystander Compensation for pain and suffering 12000 35000 Compensation for loss of amenities 35000 Compensation for disability 21600 49500 Total 124300 203200
6. Thus the appellant will be entitled to get a total compensation of Rs.2,03200/- (Rupees Two lakh Three Thousand Two hundred only). The enhanced compensation will carry interest at the rate of 9% p.a from the date of petition.
7. The Tribunal found that the Insurance Company is not liable to indemnify the owner of the vehicle, on the ground that the policy did not cover pillion rider. The learned Counsel for the Insurance Company fairly admitted that the policy was a package policy which covers the pillion rider also. Therefore, the finding regarding liability is vacated and we declare that the Insurance Company is liable to indemnify the first respondent/owner of the
:4:
vehicle.
8. Therefore, the Insurance Company is directed to deposit the amount covered by the modified award within a period of three months.
Accordingly, the appeal is allowed and the parties will suffer their respective costs in the appeal.
Sd/- T.R.RAMACHANDRAN NAIR (JUDGE) Sd/- P.V.ASHA (JUDGE) AL/- True copy P.A to Judge