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.
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M.A.C.A. NO. 354 OF 2003
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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/-
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Total :Rs.21,250/-
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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/-
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Total :Rs.8,500/-
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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