K.Premadasan v. B.Rajan And Another
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH WEDNESDAY, THE 19TH DAY OF AUGUST 2015/28TH SRAVANA, 1937 MACA.No. 2044 of 2008 (F) ------------------------------- AGAINST THE AWARD IN OPMV 2632/2002 of M.A.C.T.,KOZHIKODE DATED 17-12-2007 ------ APPELLANT/PETITIONER:
---------------------------- K.PREMADASAN, AGED 50 YEARS, S/O.PADMANABHAN NAIR, KUZHIKANDATHIL HOUSE P.O.PANTHEERANKAVU, KOZHIKODE-673619.
BY ADVS. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS/RESPONDENTS:
-----------------------------------
1. B.RAJAN, AGED 50 YEARS, S/O.BHASKARAN, OLIVE HOUSE, E.S.I.HOSPITAL, NALLUR AMSOM AND DESOM, FEROKE, KOZHIKODE.
2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD, DIVISIONAL OFFICE, NO.II P.B.NO.192, SEEMA TOWERS, MAVOOR ROAD KOZHIKODE.
R2 BY ADV. SRI.SIBY MATHEW R2 BY ADV. SRI.PHILIP J.VETTICKATTU R2 BY ADV. SRI.S.ARUN RAJ THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P. R. RAMACHANDRA MENON & BABU MATHEW P. JOSEPH, JJ.
------------------------------------------------ ------------------------------------------------ Dated this the 19th day of August, 2015
JUDGMENT
Babu Mathew P. Joseph, J.
The appellant sustained serious injuries in a motor accident that occurred on 02-04-2002 involving a motorcycle by which he was travelling as a pillion rider and a car owned and driven by the first respondent and insured with the second respondent. He has filed a petition before the Motor Accidents Claims Tribunal, Kozhikode, claiming compensation on account of the injuries suffered by him in the accident. The learned Tribunal, after considering the matter, found that the accident had occurred due to the negligence on the part of the first respondent and awarded a total amount of 30,500/- under various heads as follows: Medical bills ( 6,772/- rounded) - 7,000/- Incidental charges - 2,000/-
-2Pain and suffering - 10,000/- Loss of amenities - 3,000/- Loss of income - 8,000/- Transportation - 500/- -------------- 30,500/- ====== The second respondent Insurance Company was directed to deposit the amount. Dissatisfied with the quantum of compensation awarded by the learned Tribunal, the appellant has preferred this appeal.
2. Heard the learned counsel appearing for the appellant and the learned counsel appearing for the second respondent Insurance Company. Since the insurance cover for the car remains admitted, notice to the first respondent is dispensed with.
3. The appellant sustained Grade-I open fracture of both the bones of his left leg and fracture of his maxilla in the accident. He was treated with open reduction and internal fixation by implanting K-nail. Long leg cast was also
-3applied. Dental consultation was done for facial injury. He has undergone 11 days inpatient treatment and continued long period of outpatient treatment. Later, the implant was removed by surgical procedure. He was aged 45 years at the time of accident. He was then working as a Junior Accounts Assistant at the Steel Complex Limited, Cheruvannur, earning a monthly salary of 6,422.10/-. He has availed of ESI leave from 02-04-2002 to 12-03-2003 including 11 paid holidays in connection with his treatment for the injuries suffered in the accident. On considering the nature of the injuries as well as the nature of the treatment, we find that the compensation of 10,000/- awarded under the head of pain and suffering is palpably low. Therefore, we enhance the same to 25,000/-. The incidental charges of 2,000/- awarded is enhanced to 5,000/-. The Tribunal has awarded an amount of 8,000/- towards loss of income. We have already adverted to the long period of ESI leave availed of by the appellant. Considering the same, we award an
-4amount of 20,000/- in addition to 8,000/- awarded by the Tribunal. 500/- awarded towards transportation is also enhanced to 1,500/-. The appellant has no case that he could not continue his work at the Steel Complex Ltd., Cheruvannur, as a result of the accident. He has continued his work and earned income. But, the fact remains that as a result of the serious nature of the fractures suffered by him in the accident, he would have suffered some permanent disability. This fact can be accepted, even without a certificate, going by the nature of the injuries suffered. On considering that fact, we award an amount of 15,000/- under that head. The amount of 3,000/- allowed under the head of loss of amenities is on the lower side. Therefore, we enhance the same to 11,000/-. Thus, the appellant is entitled to an additional compensation of 62,500/- (Rupees sixtytwo thousand and five hundred only) over and above the amount awarded by the Tribunal. This additional amount of 62,500/- shall carry interest at the rate of 9% per annum
-5from today till realisation.
4. This appeal is allowed in part as above. The registry is directed to return the records to the Tribunal without delay.
Sd/- P. R. RAMACHANDRA MENON JUDGE Sd/- BABU MATHEW P. JOSEPH JUDGE kns/- //TRUE COPY// P.A. TO JUDGE