High Court Kerala High Court

B. Rajasekharan Nair vs M. Skthidharan Nair on 5 March, 2009

Kerala High Court
B. Rajasekharan Nair vs M. Skthidharan Nair on 5 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 354 of 2003()


1. B. RAJASEKHARAN NAIR,
                      ...  Petitioner

                        Vs



1. M. SKTHIDHARAN NAIR, S/O. MADHAVAN
                       ...       Respondent

2. UNITED INSURANCE COMPANY LIMITED

3. P. VENUGOPAL, EASWARA VILAS,

                For Petitioner  :SMT.P.K.RADHIKA

                For Respondent  :SRI.BABU JOSEPH KURUVATHAZHA

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

 Dated :05/03/2009

 O R D E R
                  R. BASANT & C.T. RAVIKUMAR, JJ.
               ---------------------------------------------------------
                         M.A.C.A. NO. 354 OF 2003
               ---------------------------------------------------------
                    Dated this the 5th day of March, 2009

                                   JUDGMENT

Basant, J.

The claimant before the Tribunal is the appellant before us. He

claimed an amount of Rs.2,00,000/- as compensation for the loss suffered

by him as a result of the personal injuries suffered in a motor accident

which took place on 9.9.1994. He was a Government contractor and

allegedly earning an income of Rs.10,000/- per mensem. He suffered

fracture of the 4th metatargal of the left foot. External injury was also

suffered by him. He was not admitted as an inpatient, but he continued

treatment as an outpatient for a period of 25 days. He had allegedly

suffered physical disability to the extent of 10%.

2. Before the Tribunal, the claimant examined himself as PW.1.

Exts.A1 to A8 series were marked. The Tribunal, on an anxious

consideration of all the relevant inputs, came to the conclusion that the

appellant is entitled for a total compensation of Rs.21,250/- along with

interest at the rate of 9% per annum from the date of the petition. The

details of the amounts awarded are given below:

M.A.C.A. NO.354/2003 2

             i. Pain and suffering                 :Rs. 8,000/-

             ii. Loss of earning
                 (3000 x 1 = months)               :Rs. 4,500/-

             iii. Medical expenses
                (actual bills for Rs.2,465.28)     :Rs. 2,500/-

             iv. Transportation to hospital        :Rs. 1,000/-

             v. Damage to clothing                 :Rs. 250/-

             vi. Compensation for discomfiture
                  and difficulties on account of
                  injury                           :Rs. 5,000/-
                                                   ---------------
                                  Total            :Rs.21,250/-
                                                   ---------------

3. According to the learned counsel for the appellant, the amounts

awarded are too inadequate and insufficient. Counsel, first of all, contends

that the income of the appellant for the years 1992-93 and 1993-94

exceeded Rs.90,000/- and in these circumstances, reckoning of the

monthly income as Rs.3,000/- is not justified at all. We are persuaded to

agree with the learned counsel. That the appellant must have been

involuntarily unemployed for 1 = months is absolutely acceptable and no

interference is warranted on that aspect. But, we are satisfied that the

monthly income of the appellant, an income tax assessee for a long period

prior to the accident, can be safely reckoned at Rs.5,000/-. Accordingly,

the appellant will be entitled for an amount of Rs.3,000/- more (5000x 1 =

minus 4500) in addition to the amount awarded by the Tribunal.

M.A.C.A. NO.354/2003 3

4. Counsel next contends that though a bill was produced to show

that the appellant had incurred an amount of Rs.5,000/- towards treatment

as an outpatient, the Tribunal had not awarded any amount under that head

and that the said claim was turned down. The wound had to be dressed

and it is reasonable to assume that expenses must have been incurred for

such treatment, contends counsel. We find merit in the said contention.

Though we are not able to accept the voucher for Rs.5,000/-, we reckon

Rs.2,500/- as a reasonable amount to be paid under the head

miscellaneous medical expenses in addition to the amount awarded by the

Tribunal against the actual bills produced.

5. Finally, counsel contends that compensation for discomfiture

suffered has not been properly assessed. Though disability certificate was

produced, the Tribunal did not accept the same. Still, the Tribunal felt that

in addition to Rs.8,000/- awarded for pain and suffering, some amount was

liable to paid for the discomfiture and difficulties endured by the appellant

and awarded Rs.5,000/- under that head. In the totality of materials

available, we are satisfied that a further amount of Rs.3,000/- can be

awarded under this head also. We are not persuaded to agree that the

amount awarded under any other head deserves modification.

M.A.C.A. NO.354/2003 4

6. On the basis of our discussion, we come to the conclusion that

the appellant is entitled to a total further amount of Rs.8,500/- as per the

details shown below:

i. Loss of earning
(5000x 1 = minus 4500) :Rs.3,000/-


              ii. Miscellaneous medical
                   expenses                         :Rs.2,500/-

              iii. Compensation for
                   discomfiture and difficulties
                   (8000 minus 5000)                :Rs.3,000/-
                                                    ---------------
                                        Total       :Rs.8,500/-
                                                    ---------------

Needless to say that the entire amount of compensation shall carry interest

at the rate directed by the Tribunal from the date of petition.

7. Accordingly, the appeal is allowed in part to the above extent.

(R. BASANT)
JUDGE

(C.T. RAVIKUMAR)
JUDGE

sp/

M.A.C.A. NO.354/2003 5

R. BASANT &
C.T. RAVIKUMAR, JJ.

M.A.C.A. NO.354/2003

JUDGMENT

5th March, 2009