High Court Kerala High Court

L.Suresh Kumar vs Ranjith.V.K on 17 March, 2010

Kerala High Court
L.Suresh Kumar vs Ranjith.V.K on 17 March, 2010
       

  

  

 
 
  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.
               ------------------------------------------------------------
                         M.A.C.A NO. 3227 OF 2009
                         --------------------------------------
              DATED THIS THE 17TH DAY OF MARCH 2010

                                    JUDGMENT

—————-

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
2

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

M.A.C.A NO. 3227 OF 2009
3

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:

M.A.C.A NO. 3227 OF 2009
4

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

————-

                                  Total    Rs. 33,200/
                                           ========


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

M.A.C.A NO. 3227 OF 2009
5

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.

M.A.C.A NO. 3227 OF 2009
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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

pkk