IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 302 of 2010()
1. JIJESH.P.K., S/O.VASUDEVAN,
... Petitioner
Vs
1. MOHAMMED ALI.K., KAKKATT HOUSE,
... Respondent
2. NATIONAL INSURANCE CO.LTD.,
For Petitioner :SRI.K.M.JAMALUDHEEN
For Respondent :SMT.SARAH SALVY
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :10/08/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A.NO.302 OF 2010
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Dated this the 10th day of August, 2010.
J U D G M E N T
This is an appeal preferred against the award of the
Claims Tribunal, Kozhikode in OP(MV)No.503/2005. The
claimant, a 21 year old coolie, sustained injuries in a road
accident and the Tribunal has awarded him a compensation
of Rs.12,250/= and exonerated the insurance company from
the liability. It is against the exoneration of the company
as well as the quantum, the claimant has come up in appeal.
2. Heard both sides. Let me first consider about the
quantum. The nature of injury sustained is really a grievous
one. It is revealed that he had sustained a lacerated wound
with avulsion of the right foot of 12x3x6 cms ie., a heel injury
exposing the tendon. He was treated as an inpatient in the
Medical College Hospital, Kozhikode for a period from
13.2.2003 to 14.3.2003. The bills would reveal that he
sustained a heel pad avulsion with deep tendon injury. Local
anesthesia was used for suturing and the claimant also
developed mild infections after the operation. So though
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there is no bony injury, the injury sustained is a very serious
nature and when it is on the heel, it takes long time for
heeling and it would have certainly affected this 21 year old
labourer in his day today life. He was in the hospital for 30
days and I feel that it is a fit case where an amount of
Rs.3,000/= at least should have been awarded towards
bystanders expenses. The nature of injury, infection etc
would reveal the agonising pain which the claimant had
undergone and therefore, I enhance pain and suffering
compensation by Rs.3,000/= and I also award a sum of
Rs.5,000/= for loss of amenities and enjoyment in life.
Certainly this young man would not have been in a position
to work for 3-4 months and even in the first information
statement it is seen that he is working and therefore fixing
notional income at Rs.2,500/= when three months loss of
earnings is calculated, the claimant will be entitled to an
additional amount of Rs.6,500/= towards loss of earnings.
Therefore, I hold that the claimant is entitled to an additional
compensation of Rs.17,500/=.
3. Now the next question is regarding exoneration of
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the insurance company from liability. Admittedly the claimant
was a pillion rider in a two wheeler and the vehicle was
covered by a package policy. By virtue of the clarificatory
circular issued by the Insurance Regulatory and Development
Authority dated 16.11.2009, persons carried in a two wheeler
are covered under the terms and conditions of the standard
motor package policy. Further, the conditions had come up
for consideration before the two Division Benches of this
Court reported in New India Assurance Co. Ltd.v. Hydrose
(2008 (3) KLT 778) and in Mathew v. Shaji Mathew(2009 (3)
KLT 813). After considering the clauses, this Court held that
terms and conditions of the policy cover the risk of a pillion
rifer and therefore, it has to be held that insurance company
is liable and cannot be exonerated from the liability.
4. Therefore, the MACA is allowed and the claimant is
awarded an additional compensation of Rs.17,500/= with 7%
interest on the said sum from the date of petition till
realisation. It is also held that the insurance company is liable
to pay the original amount awarded as compensation with
interest at 7%. The respondent insurance company is directed
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to deposit the said amount within a period of 60 days from the
date of receipt of a copy of this judgment.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE.
cl
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M.N. KRISHNAN, J.
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A.S.NO.OF 2010
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2nd day of August, 2010.
J U D G M E N T