IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 3227 of 2009()
1. L.SURESH KUMAR, S/O.LAKSHMANAN NAIR,
... Petitioner
Vs
1. RANJITH.V.K, VALOOR HOUSE,
... Respondent
2. MANAGER, M/S. G.M.A.C 20TH CENTURY
3. UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.K.K.APPU
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :17/03/2010
O R D E R
A.K. BASHEER & P.Q. BARKATH ALI, JJ.
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M.A.C.A NO. 3227 OF 2009
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DATED THIS THE 17TH DAY OF MARCH 2010
JUDGMENT
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Barkath Ali, J.
In this appeal under Section 173 of Motor Vehicles Act, the
claimant in O.P.(MV) No. 1006/2005 on the file of Motor
Accidents Claims Tribunal, Ernakulam challenges the judgment
and award of the Tribunal dated April 8, 2009 awarding a
compensation of Rs. 33,200/- for the loss caused to the claimant on
account of the injuries sustained in a motor accident.
2. The facts leading to this appeal in brief are these:
The claimant was aged 50 at the time of the accident and was
employed as Regional Manager in M/s. Citadel Arobindo Biotech
Limited, Chennai earning Rs. 27,250/- per month. On October 27,
2004 at about 3.45 p.m. the claimant was pillion riding on the
motor cycle bearing registration No. KL-7/A.M.2896 which was
ridden by one Mr. M.V. Sree Raj, claimant in another O.P(MV)
No. 900/2005. At that time another motor cycle bearing
M.A.C.A NO. 3227 OF 2009
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registration No. KL-7/Y.2940 ridden by the 1st respondent came at
a high speed and dashed against the motor cycle of the claimant.
The accident occurred due to rash and negligent riding of the
motor cycle by the 1st respondent. The claimant sustained serious
injuries. The 1st respondent as the rider, 2nd respondent as the
owner and the 3rd respondent as the insurer of the offending motor
cycle are jointly and severally liable to pay compensation to the
claimant. The claimant claimed a total compensation of
Rs.1,50,000/-.
3. Respondents 1 and 2, rider and owner of the offending
vehicle remained absent and were set- exparte by the Tribunal.
The 3rd respondent, insurer of the offending vehicle, filed a written
statement admitting the policy, but contending that the accident
was occurred due to the negligence on the part of the rider of the
other motor cycle.
4. The rider of the motor cycle in which claimant was
pillion riding filed O.P. No. 900/2005 which was jointly tried
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along with this O.P. On the side of the claimant Exts. A1 to A20
were marked. No evidence was adduced by the contesting 3rd
respondent. The Tribunal, on an appreciation of evidence, awarded
a compensation of Rs. 33,200/-. The claimant has now come up in
appeal challenging the quantum of compensation awarded by the
Tribunal.
5. Heard the counsel for the appellant/claimant and the
counsel for the Insurance Company.
6. The accident is not disputed. The finding of the
Tribunal that the accident occurred due to the negligence on the
part of the 1st respondent, the rider of the motor cycle bearing
registration No. KL-7/Y 2940 is not challenged in this appeal.
Therefore, the only question which arises for consideration is
whether the claimant is entitled to any enhanced compensation.
7. The Tribunal awarded a total compensation of Rs.
33,200/-. The break up of the amount awarded is as under:
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Transportation, hospitalization, )
attendant expenses, Extra nourishment)Rs. 1,500
& damage to clothings. )
Medical expenses Rs. 8,700
Loss of earnings Rs. 5,000
Pain and suffering Rs. 2,000
Discomforts & inconveniences Rs. 6,000
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Total Rs. 33,200/
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8. On going through the copies of Ext. A4, the wound
certificate, and Ext. A13, discharge certificate which were made
available for perusal, it is seen that the claimant has sustained
fracture head of left radius. There was restriction of finger
movements also.
9. The counsel for the claimant/appellant argued that the
claimant was drawing a monthly salary of Rs. 27,500/- per month
as seen from the salary slip issued from his company, copy of
which is made available of our perusal and that therefore, for the
loss of earnings, one month salary should have been awarded by
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the Tribunal, but the Tribunal took the monthly salary of the
claimant as Rs. 5,000/- which appears to be not correct. From the
copy of salary slip, it is seen that the salary of the claimant is
Rs. 27,250/-. Therefore for the loss of earnings, claimant is
entitled to Rs. 27,250/- being the salary for one month. Thus on
this count, the claimant is entitled to an additional compensation of
Rs. 22,250/-
10. Towards transportation, hospitalization, attendant
expenses, extra nourishment and damage to clothings Rs. 1500/-
was awarded by the Tribunal, which appears to be very low.
Taking into consideration of the nature of the injuries sustained,
we feel that a compensation of Rs. 3,000/- would be reasonable on
this count. Thus on this head, the claimant is entitled to an
additional compensation of Rs. 1,500/-. As regards compensation
awarded under other heads, we find the same to be reasonable.
Therefore, we are not disturbing the same.
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11. In the result, claimant is entitled to an additional
compensation of Rs. 23,750/- . He is entitled to interest @ 9% per
annum from the date of petition till realization and proportionate
cost. The 3rd respondent being the insurer of the offending vehicle
shall deposit the amount before the Tribunal within two months
from the date of receipt of a copy of this judgment. The award of
the Tribunal is modified to the above extent.
The Appeal is disposed of as found above.
A.K.BASHEER, JUDGE
P.Q. BARKATH ALI, JUDGE
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