High Court Kerala High Court

K.Firozkan vs United India Insurance Co.Ltd on 15 November, 2010

Kerala High Court
K.Firozkan vs United India Insurance Co.Ltd on 15 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 2134 of 2010()


1. K.FIROZKAN, S/O.MOIDEENKUTTY,
                      ...  Petitioner

                        Vs



1. UNITED INDIA INSURANCE CO.LTD.,
                       ...       Respondent

                For Petitioner  :SRI.BABU S. NAIR

                For Respondent  :SRI.A.R.GEORGE

The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :15/11/2010

 O R D E R
             A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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                        M.A.C.A.No.2134 OF 2010
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                 Dated this the 15th day of November, 2010

                                JUDGMENT

Barkath Ali, J.

Appellant is the claimant in O.P.(MV)No.157/2002 on the file of

Motor Accidents Claims Tribunal, Manjeri. In this appeal he

challenges the judgment and award of the Tribunal dated February 21,

2006 awarding a compensation of Rs.1,08,790/- for the loss caused to

him on account of the injuries sustained in a motor accident.

2. He sustained the following injuries in that motor accident

that occurred on May 4, 1998 at about 5.45 p.m. :

Compound fracture of both bone leg. Fracture of Head
of ( L) Radius, T shaped wound on outer medial aspect
of left leg about 20 cm. long, Tibia stripped off
periocteium is exposed 15 cms.

3. The accident happened while the claimant was pillion

riding on the motor cycle from Poolamanna to Vettathur and when he

reached at Melattur-Perinthalmanna public road, the motor cycle

dashed against the jeep bearing Reg.No.KL-10/B 7932 driven by the

first respondent in the O.P.. Alleging negligence against the first

respondent in the O.P., the claimant filed the O.P. before the Tribunal

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under Section 166 of Motor Vehicles Act claiming a compensation of

Rs. 3,00,000/-.

4. Respondents 1, 2 and 5 in the O.P. are the driver, owner

and insurer of the offending jeep. Respondents 3 and 4 in the O.P. are

the rider and owner of the motor cycle in which the claimant was

pillion riding. Respondents 2, 3 and 4 in the O.P. remained absent

before the Tribunal. First respondent in the O.P., the driver of the

offending jeep though entered appearance did not file any written

statement. The fifth respondent in the O.P. ( respondent in this appeal),

the insurer of the offending jeep, filed a written statement admitting the

policy, but denied the liability.

5. PW1 was examined and Exts.A1 to A8 were marked on

the side of the claimant before the Tribunal. No evidence was adduced

by the contesting respondents in the O.P. before the Tribunal. The

Tribunal on an appreciation of evidence found that the accident

occurred due to the rash and negligent driving of the offending jeep by

first respondent in the O.P. and awarded a compensation of

Rs. 1,08,790/- with interest @ 6% per annum from the date of petition

till realisation and a cost of Rs.750/- against respondents 1, 2 and 5.

The claimant has now come up in appeal challenging the quantum of

MACA.No.2134/2010 3

compensation awarded by the Tribunal.

6. Heard the counsel for the appellant/claimant and the

counsel for the Insurance Company.

7. The accident is not disputed. The finding of the Tribunal

that the accident occurred due to the negligence on the part of the first

respondent in the O.P. and that the claimant sustained the injuries

mentioned above in that accident are not challenged in this appeal

Therefore, the only question which arises for consideration is whether

the claimant is entitled to any enhanced compensation.

8. The break up of the compensation awarded by the Tribunal

is as under :

            Transport to hospital             - Rs. 4,200/-
            Extra nourishment and bystander
            expenses                          - Rs. 7,200/-
            Medical expenses                  - Rs.87,390/-
            Pain and suffering                - Rs.10,000/-

9. Counsel for the claimant sought enhancement of

compensation for the pain and suffering endured, for loss of amenities

and enjoyment in life, for extra nourishment and for bystander

expenses and on other heads.

10. The Tribunal awarded Rs. 10,000/- for pain and suffering

endured by the claimant which appears to be very low. Taking into

MACA.No.2134/2010 4

consideration the nature of the injury sustained by the claimant, we feel

that a compensation of Rs. 35,000/- would be reasonable on this count.

11. No compensation was awarded by the Tribunal for loss of

amenities and enjoyment in life. Having regard to the nature of the

injury sustained, we feel that a compensation of Rs. 25,000/- would be

reasonable for loss of amenities and enjoyment in life.

12. The Tribunal awarded Rs. 7,200/- for extra nourishment

and bystander expenses. Taking into consideration the period of

treatment the claimant has undergone, we feel that a compensation of

Rs. 10,000/- would be reasonable on this count.

13. The claimant was aged 26 and was employed in Saudi

Arabia earning Rs. 10,000/- per month, according to the claimant.

Taking into consideration the above aspect, we feel that the monthly

income of the claimant can be reasonably fixed at Rs. 4,000/-. The

nature of the injuries sustained by the claimant shows that he must have

been disabled for six month for which he is entitled to a compensation

of Rs. 24,000/-. As regards the compensation awarded under other

heads, we find the same to be reasonable and therefore are not

disturbing the same.

14. There is another aspect in this case. The Tribunal awarded

MACA.No.2134/2010 5

interest only @ 6% per annum which appears to be very low. The

claimant is entitled to interest @ 7.5% per annum from the date of

petition till realisation for the compensation already awarded and also

for the enhanced compensation.

15. In the result, the claimant/appellant is found entitled to an

additional compensation of Rs. 76,800/- with interest @ 7.5% per

annum from the date of petition till realisation for the compensation

already awarded and also for the enhanced compensation and

proportionate cost. The fifth respondent in the O.P./respondent herein,

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

sv.

MACA.No.2134/2010 6