High Court Kerala High Court

B.Jagadeesh Kumar vs Sudheer on 17 February, 2009

Kerala High Court
B.Jagadeesh Kumar vs Sudheer on 17 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 302 of 2006()


1. B.JAGADEESH KUMAR, 27 YERARS,
                      ...  Petitioner

                        Vs



1. SUDHEER, FATHER'S NAME NOT KNOWN,
                       ...       Respondent

2. MOHANDAS, S/O.SANKARAN,

3. UNITED INDIA INSURANCE,

4. A.RAMESH KUMAR,

5. NEW INDIA ASSURANCE CO. LTD.,

                For Petitioner  :SRI.VINOD KUMAR.C

                For Respondent  :SRI.N.S.MOHAMMED USMAN

The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :17/02/2009

 O R D E R
                R.BASANT & C.T.RAVIKUMAR, JJ.
                      ------------------------------------
                     M.A.C.A. No.302 of 2006
                      -------------------------------------
            Dated this the 17th day of February, 2009

                               JUDGMENT

BASANT, J.

The claimant before the Tribunal is the appellant before us.

The appellant claimed an amount of Rs.3 lakhs as compensation

for personal injuries suffered in a motor accident. The appellant

was aged 27 years on the date of the accident. He suffered

fracture of both bones of right leg. He was a supervisor in a

private company and was employed at Bangalore. He underwent

treatment for 14 days. Exts.A1 to A12 were marked and the

doctor, who issued Ext.A12 disability certificate, was examined

as PW1.

2. The Tribunal taking into consideration all the relevant

inputs sailed to the conclusion that the appellant is entitled for

an amount of Rs.92,910/- along with interest @ 6% per annum

and cost. Accordingly the impugned award was passed.

3. The appellant claims to be aggrieved by the impugned

award. Called upon to explain the precise nature of the

challenge which the appellant wants to mount against the

M.A.C.A. No.302 of 2006 2

impugned award, the learned counsel for the appellant

challenges the impugned award on 2 specific grounds. The

learned counsel for the appellant contends that the monthly

income of the appellant has been reckoned by the Tribunal at

Rs.3,000/-. But more surprisingly when the loss of actual

earnings of 1 = months’ and loss of earning capacity consequent

to disability were considered, the Tribunal had reckoned only

Rs.3,000/- as the multiplicand unjustifiably reducing the monthly

income of Rs.3,000/- by one third. This is stated to be on account

of the fact that one third would be required for the personal

expenses of the appellant. The learned counsel for the appellant

contends that there is no rhyme or reason in reducing the

monthly income by one third when the question to be considered

is not the dependency of the dependents in the absence of the

injured/deceased. The appellant is very much alive. His

expenses will have to be met and in these circumstances the

reduction of one third of the monthly income on the ground that

the appellant will have to incur personal expenses is not justified

at all. We find the said contention of the learned counsel for the

appellant to be absolutely reasonable, fair and just. We are not

satisfied that the reduction of the monthly income by one third,

M.A.C.A. No.302 of 2006 3

when multiplicand was reckoned for the purpose of ascertaining

loss of earnings and loss of earning capacity, is justified.

4. Consequently the appellant will be entitled to a

further amount of Rs.1,500/- [4,500 minus 3,000] (Rupees One

thousand five hundred only) and Rs.15,120/- [45,360 (ie. 3000 X

12 X 18 X 7/100) minus 30,240] (Rupees Fifteen thousand one

hundred and twenty only)more under the heads of loss of

earnings and loss of earning capacity consequent to disability.

5. We are not satisfied against the challenge raised

against compensation awarded under the other heads. A total

amount of Rs.30,000/- has been awarded under the composite

head of pain and suffering and loss of amenities. In these

circumstances, we are satisfied that the permanent disability

suffered has been adequately compensated both under the heads

of loss of earning capacity and loss of amenities.

6. Interest is seen awarded only @ 6% per annum. The

learned counsel for the appellant submits that consistent with

the binding precedents interest must have been awarded at least

@ 7.5% per annum. We agree with the learned counsel for the

appellant.

M.A.C.A. No.302 of 2006 4

7. The above discussions lead us to the conclusion that

the appellant is entitled for a further amount of Rs.16,620/-

(Rupees Sixteen thousand six hundred and twenty only) as

compensation in addition to the amounts already awarded by the

Tribunal. There shall be a further direction that interest shall be

payable @ 7.5% per annum on the total amount from the date of

the petition along with cost as already awarded by the Tribunal.

8. In the result, this appeal is allowed in part to the

above extent.

(R.BASANT, JUDGE)

(C.T.RAVIKUMAR)

rtr/-