V. Mani S/o Vellayappan Chettiyar (Died) v. Periaswami S/o Kaliyannan
2025-05-19
SHOBA ANNAMMA EAPEN
body2025
DigiLaw.ai
JUDGMENT : 1. This appeal has been filed by the claimant in OP (MV) No.3055 of 2003 on the file of the Motor Accidents Claims Tribunal, Thrissur. The respondents herein were the respondents before the tribunal. 2. The case of the appellant/claimant is that on 21.01.2003, while he was walking and pushing a cart to sell groundnuts, a tanker lorry bearing Reg.No.KL-9/K-6255 driven by the second respondent in a rash and negligent manner, hit on a barricade and then hit him, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of Rs. 1,92,000/-. 3. Respondents 1 and 2 remained ex parte before the tribunal. The third respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. Before the tribunal, PW1 was marked and Exts.A1 to A11 were marked on the side of the appellant/claimant. Ext.B1 was marked on the side of the respondents. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the driver of the offending vehicle and awarded a sum of Rs. 1,25,720/- as compensation under different heads against the third respondent being the insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has come up in appeal. 4. I have heard the learned counsel for the appellant and the learned Standing Counsel for the respondent insurer. 5. The learned counsel for the appellant claims enhancement under the following heads: 5.1. Notional income - The learned counsel for the appellant submits that the appellant was a seller of groundnuts and was earning Rs. 5,000/- per month, however, the tribunal has fixed the notional monthly income only at Rs. 3,000/-. Admittedly, no document was produced by the appellant to prove income. However, as per the judgment in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. (2011) 13 SCC 236 , the notional monthly income of the appellant ought to have been fixed at Rs. 4,000/-. Accordingly, following the judgment in Ramachandrappa (supra), I deem it appropriate to refix the notional monthly income of the appellant at Rs. 4,000/-. 5.2.
However, as per the judgment in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. (2011) 13 SCC 236 , the notional monthly income of the appellant ought to have been fixed at Rs. 4,000/-. Accordingly, following the judgment in Ramachandrappa (supra), I deem it appropriate to refix the notional monthly income of the appellant at Rs. 4,000/-. 5.2. Loss of earnings - The learning counsel for the appellant submits that the appellant was a seller of groundnuts and due to the injuries sustained in the accident, he could not go for work for almost six months. However, the tribunal has taken only a period of three months for awarding compensation towards loss of earnings. Considering the nature of injuries sustained and the age of the appellant, I am of the opinion that six months can be taken for awarding compensation for loss of earnings. Accordingly, the appellant will be entitled to get a total compensation of Rs. 24,000/- (4000 x 6) under this head. Since the tribunal has already awarded an amount of Rs. 9,000/- there will be an additional compensation of Rs. 15,000/- towards loss of earnings. 5.3. Pain and suffering - The learned counsel for the appellant submits that though the appellant claimed Rs. 20,000/- towards pain and suffering, the tribunal awarded only Rs. 12,000/-. It is seen that the appellant sustained serious injuries including compound comminuted fracture M/3 right tibia and fibula. Considering the injuries sustained by him and the sufferings that he had undergone, I am inclined to grant an amount of Rs. 20,000/- to the appellant as total compensation towards pain and suffering. Thus, the appellant will be entitled to get an additional amount of Rs. 8,000/- as compensation towards pain and suffering. 5.4. Permanent disability - The learned counsel for the appellant submits that as per Ext.A8 disability certificate, permanent disability of the appellant was assessed at 25%, which was reduced by the tribunal to 15% while assessing compensation. The doctor, who issued Ext.A8 disability certificate, was examined before the tribunal and he deposed that the appellant sustained 25% disability. I find no reason to disbelieve Ext.A8 disability certificate. The reasoning of the tribunal does not appear to be acceptable in view of the judgments of this Court in Manikantan G. v. K. Janardhanan Nair, 2021 (5) KHC 305 and Rajkumar v. Ajay Kumar, 2011 (1) KLT 620 (SC).
I find no reason to disbelieve Ext.A8 disability certificate. The reasoning of the tribunal does not appear to be acceptable in view of the judgments of this Court in Manikantan G. v. K. Janardhanan Nair, 2021 (5) KHC 305 and Rajkumar v. Ajay Kumar, 2011 (1) KLT 620 (SC). Accordingly, I deem it appropriate to consider 25% disability, as assessed in Ext.A8 disability certificate, for the purpose of calculating compensation. Thus, following the judgments in National Insurance Co. Ltd. v. Pranay Sethi, 2017 (4) KLT 662 (SC) and Sarla Verma v. Delhi Transport Corporation, 2010 (2) KLT 802 (SC), the appellant will be entitled to get a total compensation of Rs. 1,56,000/- (4000 x 12 x 13 x 25%) towards permanent disability. Hence, there will be an additional amount of Rs. 85,800/- under the head of permanent disability. 5.5. Loss of amenities - The learned counsel for the appellant submits that the tribunal awarded only an amount of Rs. 10,000/- which, according to the appellant, is on the lower side. It is further submitted that due to the injuries sustained in the accident the appellant was able to walk only with the help of a walking stick. Considering the injuries sustained by the appellant as well as his age, I deem it appropriate to award a total compensation of Rs. 40,000/- towards loss of amenities. Thus, the appellant will be entitled to get an additional amount of Rs. 30,000/- towards loss of amenities. 6. Though the appellant claimed enhancement of compensation under other heads as well, on a perusal of the records available and the impugned award, I am not inclined to interfere with the same since it appears to be just and reasonable. Thus, the impugned award of the tribunal is modified as follows: S. No. Head of Claim Amount claimed (in) Rs. Amount awarded by the tribunal (in) Rs. Modified in appeal (in) Rs. Total compensation (in) Rs. 1. Loss of earning 35000 9000 15000 24000 2. Medical expenses 20000 16364 16364 3. Bystander expenses 5000 6150 6150 4. Transportation expenses 2500 1500 1500 5. Extra nourishment 2000 500 500 6. Pain and suffering 20000 12000 8000 20000 7. Disability 80000 70200 85800 156000 8. Loss of amenities 10000 30000 40000 Total 192000 125714 rounded off to 125720 138800 264514 7. Accordingly, the appeal is allowed in part and the appellant is awarded an additional compensation of Rs.
Transportation expenses 2500 1500 1500 5. Extra nourishment 2000 500 500 6. Pain and suffering 20000 12000 8000 20000 7. Disability 80000 70200 85800 156000 8. Loss of amenities 10000 30000 40000 Total 192000 125714 rounded off to 125720 138800 264514 7. Accordingly, the appeal is allowed in part and the appellant is awarded an additional compensation of Rs. 1,38,800/- (Rupees one lakh thirty eight thousand and eight hundred only) over and above the compensation awarded by the tribunal with interest @ 8% per annum from the date of petition till realization and proportionate costs. The respondent insurer shall deposit the said amount together with interest and costs within a period of two months from the date of receipt of a certified copy of this judgment. The appellant shall furnish copies of the PAN Card, AADHAAR Card and bank details before the respondent insurer within a period of one month so as to enable the insurance company to make the deposit as ordered above. In case of failure to furnish details as above, it shall be open for the insurance company to deposit the said amount before the tribunal. Upon such deposit being made, the entire amount shall be disbursed to the appellant at the earliest in accordance with law.