IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1489 of 2007()
1. P.PADMINI,W/O.LATE PURUSHOTTAMAN,
... Petitioner
Vs
1. M/S.ANAND BUS TRANSPORT,5,CO-OPERATIVE
... Respondent
2. K.KUMAR,AGED NOT KNOWN,S/O.KANNAPPAN,
3. UNITED INDIA INSURANCE CO.LTD,
4. T.S.SATHEESHKUMAR,"SIVALAYAM",DEVI NAGAR
5. DEVI,W/O.KUTTANN,ATHADI HOUSE,
6. ORIENTAL INSURANCE CO.LTD,
For Petitioner :SRI.C.P.MOHAMMED NIAS
For Respondent :SRI.A.R.GEORGE
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :13/11/2009
O R D E R
P.R. RAMAN &
P.R. RAMACHANDRA MENON, JJ.
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M.A.C.A. No. 1489 of 2007
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Dated, this the 13th day of November, 2009
J U D G M E N T
P.R. Ramachandra Menon, J.
Petitioner in OP(MV) 209/1999 is the appellant before this Court. The
accident was occurred on 15.08.1998 at about 11.15 a.m. The appellant
along with the members of her family were travelling in a Tata Sumo bearing
No. KL-11/F 7376 from Coimbatore to Mettupalayam and when the vehicle
reached at Santhimedu, Periyanaikarpalayam, a bus bearing No. TN-38-Z
9299, came from the opposite side and hit against the other vehicle, causing
fatal injuries leading to death of 11 passengers in the Tata Sumo, besides the
injuries sustained by the appellant.
2. Both the sides did not adduce any oral evidence and the only
evidence consists of Exts.A1 to A184 produced from the part of the claimant
and Ext.C1, which is the disability certificate issued by the Medical Board.
After considering the evidence of record, the Tribunal arrived at a finding that
the accident occurred due to the negligence on the part of the driver of the
bus and hence that the claimant was entitled to be compensated by the
owner, driver and Insurer of the bus.
2. The claim was preferred by the appellant stating that she was
having a monthly income of Rs.2,000/- by virtue of her engagement as an
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Assistant beautician. Reckoning provable monthly income as Rs.1,800/- the
compensation in respect of the certified permanent disability of 40% was
worked out as Rs.1,29,600/-. The Tribunal also awarded amounts under
other permissible heads (Rs.30,000/- towards the pain and suffering,
Rs.40,000/- towards hospitalisation charges, bystander’s expenses and
medical expenses, Rs.11,000/- towards incidental expenses, Rs.500/-
towards damage to clothing, Rs.10,000/- towards future expenditure,
Rs.8,000/- towards loss of earning, Rs.15,000/- towards loss of enjoyment in
life and a sum of Rs.20,000/- towards loss of amenitites and inconvenience);
thus fixing the total figure at Rs.2,64,500/-, which was directed to be satisfied
with interest at the rate of 6% per month, mulcting the liability upon the
shoulders of the insurer. The case of the appellant is that, the amount
awarded by the Tribunal, particularly towards the medical expenses, is
without any regard to the actual facts and figures and hence sought to be
interfered by this Court.
3. We heard the learned counsel appearing for both the sides and
perused the records. On going through the medical bills particularly Exts.A18
to A184, it was noted that, considerable force was there in the submissions
made from the part of the appellant. In the said circumstances, we permitted
both the learned counsel appearing for the appellant as well as for the
Insurance Company to go through the medical bills and to ascertain the
actual facts and figures; particularly in view of the observation in the
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impugned Award that the total amount covered by the medical bills was only
Rs.28,712/- (about 10% of the amount actually covered by Ext.A18 to A184).
After going through the bills, both the learned counsel (after giving credit to
the doubted bills/inconsistencies and discrepancies) submitted that the total
amount covered by the above bills comes to Rs.2,07,448/-; out of which
Rs.28,712/- has been awarded by the Tribunal. Thus going by the
undisputed facts and figures, the appellant is very much entitled to get the
balance amount of Rs. 1,78,736/-. We find that the amount awarded under
all the heads are very much adequate and require no modification under any
circumstance.
4. In the facts and circumstances, the appellant is awarded a
further sum of Rs.1,78,736/- as balance payable under the medical bills
produced. The said amount will carry interest at the rate of 7% per annum
from January, 2001 till the date of payment. We direct the 3rd respondent
Insurance Company to satisfy the said amount, as expeditiously as possible,
at any rate within a period of three months from the date of receipt of a copy
of this judgment.
The Appeal is allowed to the above extent. No cost.
P.R. RAMAN, JUDGE
P. R. RAMACHANDRA MENON, JUDGE
dnc