High Court of KeralaSingle JudgeAppeal allowed in part

BALAN v. Shimjith and Others (M.A.C.A. No. 332 of 2012)

Case / Petition Number:MACA 332/2012

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • C. Jayachandran
Judgment Date
2022-06-03
Court Decision / Holding
The appeal is allowed to the extent described: notional income uplift to Rs.6,000 per month; bystander expenses increased to Rs.300 per day for 25 days; loss of earnings extended to 3 months; pain and suffering increased to Rs.17,500; extra nourishment and transport enhanced to Rs.1,000 each; total enhanced sum Rs.47,382. The Insurance Company shall pay interest on the Tribunal-awarded amount and the enhanced amount at 5% from the date of the petition, with set-off for any amounts already paid, and NEFT/RTGS transfer within specified timelines; if bank details are not provided, no interest shall accrue post the stipulated period. If the insurer fails to deposit, interest on the enhanced amount shall also run at the Tribunal’s rate from the petition date. The appeal is allowed to the above extent.
Final Disposition
Appeal allowed in part

Parties to the Case

Appellants / Petitioners

  • Balan

Respondents

  • Shimjith
  • Abdul Radheed
  • The United India Insurance Co. Ltd
  • Sakkeena
  • Abdul Ali

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri Jeswin P. Varghese

Counsels for Respondents

  • • Sri S.K. Ajay Kumar
  • • Sri Kesavankutty
  • • Sri V. Shyam

Case Synopsis & Summary

This is a Motor Accident Claims Appeal (MACA) filed under MACA No. 332 of 2012 before the High Court of Kerala at Ernakulam, challenging the quantum awarded by the Motor Accidents Claims Tribunal, Kozhikode in O.P.(M.V.) No. 1424 of 2008 arising from a motor vehicle accident dated 04.01.2008. The claimant, a welder aged about 55 at the time of the accident, was awarded a total sum of Rs. 17,332 along with interest by the Tribunal. The appellant contends that the Tribunal erred in several heads: (i) income, arguing that a notional income of Rs.6,000 per month should be used (based on Ramachandrappa v. Manager, Royal Sundaram, 2011 KHC 784), whereas the Tribunal had awarded Rs.2,500; (ii) inpatient treatment expenses and bystander costs for post-award hospitalization; (iii) loss of earnings, arguing that the period of treatment extended over years; (iv) pain and suffering, where the appellant seeks Rs.25,000; (v) nourishment and transport expenditures. The High Court, applying the cited precedent, enhances notional income to Rs.6,000 per month, grants Rs.300 per day bystander allowance for 25 days, and extends loss of earnings to three months considering a longer treatment period. It also increases pain and suffering to Rs.17,500, and raises nourishment and transport allowances to Rs.1,000 each, leading to a total enhanced award of Rs.47,382. The insurer is directed to pay the enhanced amount with interest at 5% from the petition date, subject to set-off for any prior payments, and to effect payment by NEFT/RTGS within specified timelines. The judgment culminates in allowing the appeal to the specified extent, with the bench being a Single Judge session.

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant challenges the Tribunal award on several heads. It contends that the notional income for the year 2008 ought to be Rs.6,000 per month (citing Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd., 2011 KHC 784). It seeks compensation for inpatient treatment post-award as well as bystander expenses for 25 days (Rs.300 per day). It argues that loss of earnings should be reckoned for a longer period, noting treatment continued for years post-accident, and requests enhancement of pain and suffering (from Rs.10,000 to Rs.17,500), nourishment (Rs.1,000) and transportation (Rs.1,000) to reflect actual hardship. The appellant seeks a total enhanced amount (Rs.47,382) and interest at 5% on the enhanced amount from the petition date, with appropriate set-off if already paid.

Contentions of Respondents

The judgment excerpt primarily records the appellant’s grounds and the ensuing reasoning; explicit, detailed counter-arguments from the respondents are not reproduced in the provided text. The decision reflects judicial application of the appellant’s submissions, with the tribunal’s and court’s determinations forming the basis for the increased compensation and related directions. The respondents’ posture, as inferred, is to contest the amount but the text does not lay out separate, explicit counter-arguments beyond defending the Tribunal’s framework by supporting the need for proper compensation and adherence to due process in payment and interest. The net effect is a partial allowance of the appeal with recalibrated compensation and specific payment directives.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd.2011 KHC 784PositiveUsed as the basis for determining notional income (Rs.6,000 per month) for the year 2008.

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Extracted Judgment Text

Exact text extracted from official judgment records.

M.A.C.A.332/2012 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN** **FRIDAY, THE 3[RD] DAY OF JUNE 2022 / 13TH JYAISHTA, 1944** ## **MACA NO. 332 OF 2012** **AGAINST THE ORDER/JUDGMENT IN OPMV 1424/2008 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE** ## **APPELLANT/CLAIMANT:** BALAN, AGED 59 YEARS, S/O.CHANDUKUTTY, VELLARAMCHALIL HOUSE, WEST HILL, KOZHIKODE, NOW RESIDING AT PANNIKKOTTUVAYAL HOUSE, THALAKULATHUR, KOZHIKODE DISTRICT. BY ADV SRI.JESWIN P.VARGHESE ## **RESPONDENTS/RESPONDENTS:** 1 SHIMJITH, AGED 31 YEARS, S/O.SURENDRAN, PANNIKKOTTUVAYAL HOUSE, THALAKULATHUR (P.O.), KOZHIKODE DISTRICT. 673001 2 ABDUL RADHEED, S/O.ABDUL ALI, JALALIA HOUSE, MANGALASSERY (P.O.), MALAPPURAM. (DEAD)676505 3 THE UNITED INDIA INSURANCE CO.LTD DIVISIONAL OFFICE NO.1, PB NO.533, WHITELINES, KALLAI ROAD, KOZHIKODE. 673004 4 SAKKEENA, W/O.(LATE) ABDUL RASHEED, JALALIA HOUSE, MANGALASSERY (PO), MALAPPURAM.676505 5 ABDUL ALI, AGED 58 YEARS JALALIA HOUSE, MANGALASSERY (PO), MALAPPURAM.676505 BY ADVS. SRI.S.K.AJAY KUMAR M.A.C.A.332/2012 2 SRI.K.KESAVANKUTTY SRI.V.SHYAM THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.332/2012 3 ## **C.JAYACHANDRAN, J.** ## **---------------------------------------------M.A.C.A.No.332 of 2012** **--------------------------------------------Dated this the 3[rd] day of June, 2022** ## **J U D G M E N T** 1. In this appeal, appellant/claimant challenges the award dated 12.04.2010 in O.P.(M.V.)1424 of 2008 of the Motor Accident Claims Tribunal, Kozhikode. Petitioner is the victim of the accident, which took place on 04.01.2008 and he was a 55 year old male, working as a Welder, at the relevant time. On various heads, the Tribunal granted a total sum of Rs.17,332/- together with interest. 2. The award is assailed essentially on the following grounds: First ground is regarding the monthly income of the claimant. Rs.6,000/- was sought for, whereas Rs.2,500/was given. There is no quarrel that the petitioner/appellant had not adduced any proof regarding the income. Going by the index in **Ramachandrappa v.** M.A.C.A.332/2012 4 ## **Manager, Royal Sundaram Alliance Insurance Company Ltd.** **[2011 KHC 784],** Rs.6,000/- is the notional income pertaining to the year 2008. This Court, therefore, reckons the notional income at Rs.6,000/- per month. 3. The second ground is with respect to the inpatient treatment, which was undergone after the impugned award. Learned counsel pointed out that, Annexures-A1, A2, A3 certificates are produced, which indicated that the appellant was treated as an inpatient for 11 days, 9 days and 5 days respectively, after the award was passed. He was treated at Government Beach Hopsital, Kozhikode. He claims bystander expenses for the said period, totalling to 25 days. It appears that the claim raised by the learned counsel for the appellant is reasonable and therefore, he is entitled to Rs.300/- per day towards bystander expenses for 25 days. 4. The next aspect assailed is loss of earning reckoned by the Tribunal, which is only to 1½ months. Learned counsel pointed out that, accident took place on M.A.C.A.332/2012 5 04.01.2008 and going by the records, he was last treated on November 2011. It could thus be seen that the appellant was treated for more than three years. However, it has to be reckoned that the entire period of treatment cannot be taken into account for the purpose of ascertaining the loss of earning. This Court takes note that, pursuant to the award, appellant was treated as an inpatient for 25 days. In such circumstance, loss of earnings for a further period of 1½ months would not be unreasonable. Therefore, loss of earning is reckoned for a total period of 3 months. 5. As regards pain and suffering, Rs.10,000/- alone was granted by the Tribunal, which, according to the learned counsel for the Tribual is grossly insufficient. Learned counsel invited the attention of this Court to paragraph 9 of the impugned award, wherein the fact that the petitioner suffered fracture on both bones of right leg and that, he had pain all over the body is recorded. It appears that, petitioner's claim is reasonable and M.A.C.A.332/2012 6 therefore, he is entitled for an additional sum of Rs.7500/-, thus totalling the amount under the head 'pain and suffering' to Rs.17,500/-, as against Rs.25,000/- claimed. Extra nourishment is granted at Rs.300/-, which is liable to be enhanced to Rs.1,000/at a reasonable estimation. Similarly, transportation charges is reckoned only at Rs.300/-, which also is liable to be enhanced to Rs.1,000/-. In the circumstances, this appeal is allowed and the appellant is entitled to a total sum of Rs.30,050/- as detailed below. |**Sl.**<br>**No.**|**Head of Claim**|**Amount**<br>**awarded by**<br>**the Tribunal**|**Total amount after**<br>**enhancement in**<br>**appeal**| |---|---|---|---| |1|Transport|300|1000| |2|Extra Nourishment|300|1000| |3|Loss of earnings|3750|18000 (6000x3)| |4|Bystander's expenses|600|7500 (25x300)| |5|Treatment expenses|382|382| |6|Pain and Suffering|10000|17500| M.A.C.A.332/2012 7 ||||| |---|---|---|---| |7|Loss of amenities|2000|2000| ||Total|17,332|47,382| |Amount enhanced = 47,382/ - 17,332/ =**Rs.30,050/-**|||| 6. The Insurance Company shall pay interest for the amounts awarded by the Tribunal at the rate directed in the impugned award and for the enhanced amount, at the rate of 5% from the date of petition. However, the appellant/claimant will not be entitled to any interest for the delayed period of 545 days as stipulated in the order dated 27.02.2012 in C.M.A.No.433 of 2012 in the above appeal. If any amounts have already been paid, the same shall be granted set off. The claimant shall produce the details of the Bank account before the Insurance Company/Tribunal within two months from the date of receipt of a certified copy of this judgment and amount shall be transferred to the Bank account directly through NEFT/RTGS mode, within a period of one month M.A.C.A.332/2012 8 thereafter. If the Bank account is not given within the time stipulated, it is made clear that, no interest shall run on the enhanced amount after the period stipulated by this Court. However, if the Insurance Company fails to deposit the amount, as directed, interest on the enhanced amount shall also run at the rate ordered by the Tribunal from the date of petition. The appeal is allowed to the above extent. ## **Sd/-** **C.JAYACHANDRAN JUDGE** ``` Sbna/ ```