Narayanan, S/o. Mani v. New India Assurance Co. Ltd.
2025-04-11
C.PRATHEEP KUMAR
body2025
DigiLaw.ai
JUDGMENT : The petitioner in O.P.(M.V.) No.26/2011 on the file of the Motor Accident Claims Tribunal, Palakkad is the appellant herein. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal). 2. The petitioner filed the above O.P. under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries sustained in a motor vehicle accident that occurred on 31.5.2009. According to the petitioner, on 31.5.2009 at about 11 a.m., while he was riding a bicycle, he was knocked down by a car driven by the 2 nd respondent in a rash and negligent manner so that he sustained injuries. 3. The 1 st respondent is the owner, the 2 nd respondent is the driver and 3 rd respondent is the insurer of the offending vehicle. According to the petitioner, the accident occurred due to the negligence of the driver of the offending vehicle. The quantum of compensation claimed in the O.P. is Rs.1,20,000/-. 4. The insurance company filed a written statement, admitting the accident as well as policy, but disputing the negligence on the part of the driver of the offending vehicle. 5. The evidence in the case consists of documentary evidence Exts.A1 to A11 series. No evidence was adduced by the respondents. 6. After evaluating the evidence on record, the Tribunal found negligence on the part of the driver of the offending vehicle, awarded a total compensation of Rs.21,450/- and directed the insurer to pay the same. 7. Aggrieved by the quantum of compensation awarded by the Tribunal, the petitioner preferred this appeal. 8. Now the point that arises for consideration is the following: Whether the quantum of compensation awarded by the Tribunal is just and reasonable? 9. Heard Sri. Baby Mathew, the learned Counsel appearing for the petitioner/appellant, and Sri. N.S. Najeeb, the learned Standing Counsel for the 3 rd respondent. 10. The Point: In this case the accident as well as valid insurance policy of the offending vehicle are admitted. At the time of the accident petitioner was aged 16 years and was a student, who passed SSLC. 11. In the accident the petitioner sustained the following injuries: “fracture of left frontal bone and mild cerebral oedema” 12. Petitioner was treated as inpatient for 17 days, in two spells.
At the time of the accident petitioner was aged 16 years and was a student, who passed SSLC. 11. In the accident the petitioner sustained the following injuries: “fracture of left frontal bone and mild cerebral oedema” 12. Petitioner was treated as inpatient for 17 days, in two spells. In this case the petitioner has not produced any disability certificate and as such the petitioner is not entitled to get any compensation on the head 'loss of disability'. 13. The Tribunal has awarded Rs.9,000/- towards pain and suffering, Rs.7,500/- towards loss of amenities, Rs.1,700/- towards bystander expenses, and Rs.2,000/- towards transportation expenses'. According to the learned counsel for the petitioner, the compensation awarded on those heads are on the lower side. Nothing was awarded towards 'extra nourishment'. 14. The petitioner sustained fracture of left frontal bone and mild cerebral oedema in the accident and was treated as inpatient for 17 days in two spells. Since the petitioner has not produced any disability certificate, no compensation can be awarded on the head 'loss of disability. Therefore, considering the entire facts, I hold that the compensation awarded by the Tribunal on the heads ‘pain and sufferings’, 'loss of amenities of life', bystander expenses' and 'extra nourishment' are on the lower side and hence they are enhanced to Rs40,000/- Rs.25,000/-, Rs.3,500/- and Rs.5,000/- respectively. 15. According to the learned counsel, the petitioner, who has passed SSLC was waiting for Plus One admission. Though the injuries sustained in the accident has affected his studies, nothing was awarded towards 'loss of study'. Considering the facts. Rs.20,000/- is awarded towards 'loss of study'. 16. The learned counsel submitted that the petitioner has to be taken to different hospitals and towards transportation, huge amount was spent. Consideration the facts, Rs.5,000/- is awarded towards 'transportation expenses'. Similarly towards the head 'damage to clothing' Rs.500/- is awarded. 17. No change is required, in the amounts awarded on other heads, as the compensation awarded on those heads appears to be just and reasonable. 18. Therefore, the petitioners/appellants are entitled to get a total compensation of Rs.100,000/-, as modified and recalculated above and given in the table below, for easy reference: Sl. No. Head of Claim Amount awarded by Tribunal (in Rs.) Amount Awarded in Appeal (in Rs.) 1 Loss of study Nil 20,000/- 2 Medical expenses 1,000/- 1,000/- 3 Bystander expenses 1,700/- 3,500/- 4 Damage to clothing etc.
No. Head of Claim Amount awarded by Tribunal (in Rs.) Amount Awarded in Appeal (in Rs.) 1 Loss of study Nil 20,000/- 2 Medical expenses 1,000/- 1,000/- 3 Bystander expenses 1,700/- 3,500/- 4 Damage to clothing etc. 250/- 500/- 5 Transportation 2,000/- 5,000/- 6 Extra nourishment Nil 5,000/- 7 Pain and suffering 9,000/- 40,000/- 8 Loss of amenities 7,500/- 25,000/- Total 21,450/- 100,000/- Amount enhanced - Rs.78,550/- 19. In the result, this Appeal is allowed in part, and Respondent No.3 is directed to deposit a total sum of Rs.100,000/- (Rupees one lakh only), less the amount already deposited, if any, along with interest at the rate ordered by the Tribunal, from the date of the petition till deposit/realisation, excluding interest for a period of 545 days, the period of delay in filing the appeal, with proportionate costs, within a period of two months from today. (Enhanced compensation will carry interest @8%) 20. On depositing the aforesaid amount, the Tribunal shall disburse the entire amount to the petitioner, excluding court fee payable, if any, without delay, as per rules.