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2025 DIGILAW 1296 (KER)

Shamsudeen, S/o. Yoosaf Kunju v. Jayakumar, S/o. Damodaran

2025-05-20

SHOBA ANNAMMA EAPEN

body2025
JUDGMENT : (SHOBA ANNAMMA EAPEN, J.) This appeal has been filed by the claimant in OP(MV) No.491 of 2011 on the file of the Motor Accidents Claims Tribunal, Kollam. The respondents herein are the respondents before the Tribunal. 2. According to the appellant, on 29.07.2010 at 05.30 p.m., while he was standing on the eastern side of Pathanamthitta-Kaipattoor public road at Mamoodu Junction, an autorickshaw bearing registration No.KL-26/A-3329 driven by the second respondent in a rash and negligent manner, hit on the claimant and as a result, he sustained serious injuries. The appellant approached the Tribunal claiming a total compensation of Rs.2,50,000/-. 3. The first, second and the third respondents are the owner, the driver and the insurer of the offending vehicle respectively before the tribunal. Though notice was served on the respondents, the second respondent remained absent and set ex parte. The first respondent filed a written statement denying the negligence on the part of the second respondent. The third respondent insurer filed a written statement admitting the insurance policy, but contending that the second respondent had no valid driving licence at the time of accident. Before the Tribunal, Exts.A1 to A9 documents were marked on the side of the appellant. No oral or documentary evidence was marked on the side of the respondents. PW1 was examined. The Tribunal, after analysing the pleadings and materials on record, awarded a sum of Rs.1,37,400/-, which was rounded to Rs.1,38,000/- as compensation under different heads with interest @ 7.5% per annum from the date of petition till realization. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has come up in appeal. 4. 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 mainly under the following head:- I. Notional Income The learned counsel for the appellant submits that though the appellant had claimed an amount of Rs.4,000/- as the notional income of the deceased, who was a businessman by profession, the Tribunal had taken only an amount of Rs.3,000/- per month. Since no evidence has been adduced to prove the income of the appellant, on the basis of the judgment in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd. [ 2011 (13) SCC 236 ] , the monthly income ought to have been taken at Rs.7,500/-. Since no evidence has been adduced to prove the income of the appellant, on the basis of the judgment in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd. [ 2011 (13) SCC 236 ] , the monthly income ought to have been taken at Rs.7,500/-. Hence, I am inclined to re-fix the notional monthly income of the appellant at Rs.7,500/- (Rupees Seven Thousand Five Hundred Only). II. Loss of earnings The learned counsel for the appellant submitted that the appellant sustained serious injuries due to the accident. However, the tribunal has taken only a period of three months for awarding compensation under the head loss of earnings. Following are the injuries sustained by the appellant: i) Lacerated wound on the forehead 3x4 cm ii) Lacerated wound left parieto occipital region 4.5x5 cm iii) Lacerated wound right forearm just below the elbow .5x.5 cm iv) Abrasion over right hand 3 rd web space v) Laceration over the upper lip 3x1x1 cm In A7 discharge summary serious head injury was noted. Considering the nature of injuries sustained, I find that a period of six months can be taken for awarding compensation under the said head would be just and reasonable Since the notional monthly income has been re-fixed at Rs.7,500/-, the total compensation payable under the said head would be Rs.45,000/- (7,500 x 6). The tribunal had already awarded an amount of Rs.9,000/- under the said head. Thus there will be an additional enhancement of Rs.36,000/- (Rupees Thirty Six Thousand Only) under the said head. III. Pain and suffering: The learned counsel for the appellant submitted that though an amount of Rs.25,000/- was claimed towards the head pain and sufferings, only an amount of Rs.15,000/- was awarded by the tribunal. Considering the age and nature of injuries sustained by the appellant, I find it appropriate to enhance the total compensation payable under the head at Rs.35,000/-. Thus there will be an additional amount of Rs.20,000/- (Rupees Twenty Thousand Only) under the afore head. IV. L oss of amenities in life Though no amount was claimed by the appellant towards the afore head, the tribunal had granted an amount of Rs.20,000/-. Considering the age and the nature of injuries sustained by the appellant, I find that a total compensation of Rs.30,000/- under the said head would be just and reasonable. IV. L oss of amenities in life Though no amount was claimed by the appellant towards the afore head, the tribunal had granted an amount of Rs.20,000/-. Considering the age and the nature of injuries sustained by the appellant, I find that a total compensation of Rs.30,000/- under the said head would be just and reasonable. Thus there will be an additional amount of Rs.10,000/- (Rupees Ten Thousand Only) under the afore head. V. Transportation expenses The learned counsel for the appellant submits that though an amount of Rs.2,000/- was claimed by the appellant towards the afore head, the tribunal had granted only Rs.1,000/-. The learned counsel for the appellant further submitted that the appellant was a resident of Kollam and was taken to KIMS hospital, Thiruvananthapuram at the time of accident and had to incur huge amounts towards travelling expenses. Hence, I am inclined to grant the amount of Rs.2,000/- claimed by the appellant under the said head. Thus there will be an additional enhancement of Rs.1,000/- (Rupees One Thousand Only) under the afore head. 6. Though the appellant claimed enhancement of compensation under other heads, on a perusal of the records available, I am not inclined to interfere with the compensation awarded by the Tribunal under other heads since it appears to be just and reasonable. 7. Thus, the impugned award of the Tribunal is modified as follows: 2 Loss of earning (partial) Nil 3 Medical and miscellaneous expenses 1,00,000 90,000 (not modified) 90,000 4 Future treatment Nil 5 Bystander expenses 1,400 (not modified) 1,400 6 Transportation expenses 2,000 1,000 1,000 2,000 7 Extra nourishment 2,000 1,000 (not modified) 1,000 8 Damage to cloth and articles 1,000 Nil 9 Pain and suffering 25,000 15,000 20,000 35,000 10 Compensation for continuing for permanent disability 1,05,000 11 Loss/reduction in earning capacity 12 Any other heads- loss of amenities 20,000 10,000 30,000 Total amount 2,50,000 1,37,400 (limited to 1,38,000) 67,000 2,04,400 rounded to 2,05,000 Accordingly, the appeal is allowed in part and the appellant/claimant is entitled for an additional compensation of Rs.67,000/- (Rupees Sixty Seven thousand only) over and above the compensation awarded by the tribunal with interest @ 7.5% 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.