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High Court of KeralaSingle JudgeAppeal allowed; enhanced compensation awarded; ...

A.C. Radhakrishnan v. T.K.C. Hussain and The New India Assurance Co. Ltd. (MACA No.366 of 2010)

Case / Petition Number:MACA No.366 of 2010
Neutral Citation:/

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A. BADHARUDEEN
Judgment Date
2022-06-29
Court Decision / Holding
Appeal allowed. Enhanced compensation to the tune of Rs.40,500 over the Tribunal’s award, at 7% interest from the date of petition to deposit or realization. The insurer is directed to deposit the enhanced amount in the appellant’s name within two months, after which the appellant may withdraw on deposit.
Final Disposition
Appeal allowed; enhanced compensation awarded; deposit directed within two months; appellant to withdraw upon deposit.

Parties to the Case

Appellants / Petitioners

  • A.C. Radhakrishnan

Respondents

  • T.K.C. Hussain
  • The New India Assurance Co. Ltd.

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri V.S. Chandrasekharan
  • • Smti. Lekshmi Swaminathan

Counsels for Respondents

  • • Sri P.K. Babu

Case Synopsis & Summary

This is a Motor Accident Claims Appeal (MACA 366/2010) by A. C. Radhakrishnan challenging an award dated 07.09.2009 passed by the Principal MACT, Ernakulam in OP(MV) 1982/2006. The accident occurred on 15.06.2006 when the appellant’s jeep (KL-13/F-2564) was allegedly struck by a bus (KL-11-K-2007), resulting in severe injuries including fractures (ribs 3–10 on the right), frontal bone fracture with minimal SAH, lung contusion, liver injury, and related complications. The Tribunal awarded Rs.35,350 with 7% interest, addressing damages for loss of earnings and pain and suffering, but the appellant contends that the income figure and compensation under several heads were inadequately fixed. He maintained monthly earnings at Rs.7,000 as a driver, urges fixation of income per the Ramachandrappa ratio, and seeks higher compensation for loss of earnings for four months, pain and suffering, and loss of amenities. The Respondent insurer opposed any enhancement. The court applied the Ramachandrappa ratio to determine income (Rs.5,500/month) and held that four months’ loss of earnings, plus adjustments for pain, suffering (Rs.6,000 more), and loss of amenities (Rs.15,000 more) were warranted. Consequently, the appeal was allowed with enhanced compensation of Rs.40,500 (over and above the Tribunal’s award) at 7% interest, to be deposited within two months. The appellant is entitled to withdraw on deposit.

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant contends that the Tribunal erred in not fixing an adequate monthly income, citing his claimed income of Rs.7,000 as a driver and relying on the ratio in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd. (2011) 13 SCC 236 to determine realistic earnings. He asserts four months’ loss of earnings due to injuries (rib fractures, frontal bone injury, SAH, liver injury) supported by Exts. A2-A4. He argues for higher compensation under head of loss of earnings, and for enhancement in pain and suffering and loss of amenities — proposing Rs.5,500 monthly income, four months’ earnings (Rs.22,000), with Rs.2,500 already granted, and additional Rs.6,000 for pain and suffering and Rs.15,000 for loss of amenities. He seeks total enhanced compensation based on these calculations at 7% interest.

Contentions of Respondents

The insurer disputes the quantum enhancements, opposing any increase beyond the Tribunal’s award. They rely on the evidence adduced to argue that the original award should stand and contest the proposed higher monthly earnings, arguing that there is insufficient justification to alter the Tribunal’s findings. They also contest the necessity or scope of increased compensation under pain and suffering and loss of amenities, and oppose continuing high interest on enhanced amounts.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd.(2011) 13 SCC 236PositiveCited to govern the fixation of income for loss of earnings; the court applies the ratio to fix monthly income at Rs.5,500 for calculation of compensation.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 29[TH] DAY OF JUNE 2022 / 8TH ASHADHA, 1944 MACA NO. 366 OF 2010** **AGAINST THE AWARD DATED 07.09.2009 IN OP(MV)NO.1982/2006 OF PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE** ## **APPELLANT/PETITIONER :** **A.C.RADHAKRISHNAN, S/O.GOVINDAN NAIR, AGED 42 YEARS, ARYACHALIL HOUSE, MUCHUKKUNNU P.O., KOYILANDI, KOZHIKODE DISTRICT.** **BY ADVS. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN** ## **RESPONDENTS/RESPONDENTS :** |**1**|**T.K.C.HUSSAIN,**| |---|---| ||**S/O.POKKER,**| ||**AGE NOT KNOWN,**| ||**RESIDING AT 7/7,**| ||**MARATTAMMAL HOUSE,**| ||**VALIYAPARAMBA,**| ||**KIZHAKKOTH P.O.,**| ||**KODUVALLY,**| ||**KOZHIKODE DISTRICT.**| |**2**|**ANISH K.K.,**| ||**S/O. DAMODHARAN K.K.,**| ||**AGED 32 YEARS,**| ||**RESIDING AT KOTTAKKUNNUMMAL HOUSE,**| ||**P.O. EKAROOR,**| ||**KOZHIKODE.(DELETED)**| MACA No.366 of 2010 ..2.. **THE SECOND RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DATED 11.11.2016 IN IA NO.3940/2016 IN MACA NO.366/2010** **3 THE NEW INDIA ASSURANCE CO.LTD. DIVISIONAL OFFICE, SILVER PLAZA BUILDING,, INDIRA GANDHI ROAD, KOZHIKODE.** **R3 BY SRI.P.K.BABU, STANDING COUNSEL** **THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** MACA No.366 of 2010 ..3.. ## **MACA No.366 of 2010** ## **-----------------------------------------------** ## **J U D G M E N T** This appeal arises out of award dated 07.09.2009 in O.P.(MV)No.1982 of 2006 on the file of the Principal Motor Accident Claims Tribunal, Ernakulam. The appellant herein is the petitioner before the Tribunal. Respondents herein are the respondents before the Tribunal. 2. Heard the learned counsel for the appellant, the learned Standing Counsel appearing for the insurance company. 3. Brief facts of the case are as follows; The allegation of the appellant is that on 15.6.2006 at about 4.30 p.m, while the appellant was MACA No.366 of 2010 ..4.. driving the jeep bearing Registration No.KL-13/F-2564 from Bathery to Kozhikode and when he reached hear Padanilam, the bus bearing Registration No.KL-11-K-2007 came in a rash and negligent manner and dashed into his jeep and thereby, the appellant suffered serious injuries. 4. R3 filed written statement admitting insurance and disputing accident and negligence. At the same time, quantum of compensation also was disputed, while admitting policy to the vehicle involved in the accident. 5. The Tribunal marked as Exts.A1 to A8 on the side of the appellant. No evidence let in by the respondents. Thereafter, as against claim of Rs.2,00,000/-, Rs.35,350/- was granted by the Tribunal in this case along with interest at the rate of 7% per annum. 6. The learned counsel for the appellant would submit that Rs.2,500/- alone is granted under the head loss MACA No.366 of 2010 ..5.. of earnings even without fixing the monthly income where the appellant claimed his income at Rs.7,000/- as a driver. 7. Fixation of income is not a dispute, since the ratio in [(2011) 13 SCC 236], **Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd.** would govern the same. Therefore, in this case, involving accident of the year 2006, Rs.5,500/- can fairly be fixed as the monthly income for re-calculating loss of earnings and I do so. 8. It is submitted by the learned counsel for the appellant that the appellant sustained fracture of the (Rt) ribs 3[rd] to 10[th] . Therefore, loss of earnings for a period of four months to be granted. 9. The injury sustained by the appellant could be gathered from Ext.A2 wound certificate, Ext.A3 discharge card and Ext.A4 reference card. The appellant sustained MACA No.366 of 2010 **==> picture [46 x 8] intentionally omitted <==** fracture ribs 3[rd] to 10[th] (Rt.), fracture of the frontal bone with minimal SAH, lung contusion, liver laceration in (Rt) Haemothorax (minimal), Haemoperotoneum, laceration lagement 6 liver GR3 hepatic injury, subartaneous collution lateral aspect of right thigh. Ext.A3 is the discharge summary showing that petitioner was admitted on 15.06.2006 and discharged on 26.06.2006. Ext.A6 is another discharge summary. 10. Even though the learned counsel for the insurance company opposed grant of excess amount, reasonable amount is liable to be granted. In consideration of the injury as extracted above, I am inclined to grant loss of earnings for a period of four months at the rate of Rs.5,500/-. The same is re-calculated as under; 5,500x4=22,000/- Out of which, Rs.2,500/- was granted by the MACA No.366 of 2010 **==> picture [46 x 8] intentionally omitted <==** Tribunal. Rs.22,000-2,500= **Rs.19,500/-** more is granted under the head loss of earnings. 11. Under the head pain and sufferings, the Tribunal granted Rs.19,000/-. Considering the injuries, I am inclined to grant **Rs.6,000/-** more under the head pain and sufferings. Towards loss of amenities, the Tribunal granted only Rs.2,000/- in a case, involving rib fracture and consequential treatment. I am inclined to grant **Rs.15,000/-** more under the loss of amenities. In the result, this appeal is allowed. It is ordered that the appellant is entitled to get enhanced compensation to the tune of **Rs.40,500/-** (Rupees Forty Thousand Five Hundred only) at the rate of 7% interest granted by the Tribunal excluding the amount already granted by the Tribunal from the date of petition till the date of deposit or realisation. The insurance company is directed to deposit the MACA No.366 of 2010 ..8.. same in the name of the appellant within two months from today and on deposit, the appellant is at liberty to release the same. Sd/- **A.BADHARUDEEN, JUDGE** rkj