Hiller Muhammed v. Rahim and Ors.
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- C.S.Dias
- Judgment Date
- 2021-07-26
- Court Decision / Holding
- The appeal is allowed in part by enhancing the compensation by an amount of Rs.18,500/- with interest at the rate of 6% per annum from the date of petition till the date of deposit and proportionate costs. The third respondent shall deposit the enhanced compensation with interest and proportionate costs before the Tribunal, within a period of sixty days from the date of receipt of a certified copy of the judgment. The Tribunal shall disburse the enhanced compensation to the appellant/petitioner in accordance with law.
- Final Disposition
- Partially allowed; enhanced compensation granted; insurer-directed deposit within sixty days; Tribunal to disburse as per law.
Parties to the Case
Appellants / Petitioners
- Hiller Muhammed
Respondents
- Rahim
- K.P. Viswanathan
- The New India Assurance Company Ltd.
Legal Representation & Advocates
Counsels for Petitioners
- • Sri.C.A.Chacko
- • Smt.C.M.Charisma
- • Sri.N.A.Shafeek
Counsels for Respondents
- • Sri.P.Jacob Mathew
- • Sri.Mathews Jacob Sr.
Case Synopsis & Summary
The appellant, Hiller Muhammed, was a welder injured when a bus collided with his jeep on 8 December 2002 near Ongallur while traveling from Ongallur to Pattambi. The accident occurred due to the bus driver’s rash and negligent conduct; the bus was owned by the second respondent and insured by the third respondent. The appellant sustained fractures to the nasal bone and ethmoid bone, lost three upper incisor teeth, and required hospitalisation for three days. He claimed compensation against the driver, owner and insurer for joint and several liability, but the Motor Accidents Claims Tribunal, Ottappalam, awarded a reduced sum and costs against the insurer. The appellant argued the Tribunal ignored his actual income and disabled earning capacity. The Tribunal fixed a notional income of Rs.2,000 per month; relying on the Supreme Court’s Ramachandrappa decision, the High Court re-fixed the notional income at Rs.4,500 per month and recalculated losses, awarding Rs.10,500 for loss of earnings and Rs.10,000 for disfiguration. The court found the earlier quantum insufficient and enhanced compensation by Rs.18,500, with 6% interest from the petition date and costs. It directed the insurer to deposit the enhanced amount within sixty days, and the Tribunal to disburse. With respect to other heads of compensation, the appellate court noted the Tribunal’s awards were reasonable. The appeal was allowed in part.
Submissions & Arguments
Contentions of Appellants / Petitioners
The appellants’ counsel contended that the Tribunal erred in fixing the appellant’s notional income at Rs.2,000 per month without cogent reasoning, especially since the appellant was a skilled welder earning more and as per Ramachandrappa, notional income for similar circumstances should be Rs.4,500 per month for the year 2004. They submitted that the accident caused serious injuries, including fractures and loss of three upper incisors, and that the appellant’s earning capacity was temporarily reduced; hence, the loss of earnings could not be fixed at a paltry amount. They argued for a higher assessment of compensation for disfigurement and loss of earning capacity. They urged that the Tribunal’s reliance on the insurer’s policy for liability should not override the correct quantum of compensation and that the insurer is liable to indemnify the owner for the loss suffered by the injured, as per statutory law. The appellant also contended that the percentage of notional income deduction and the period of incapacity should be considered in calculating the compensation. They requested restoration of higher compensation consistent with the injuries and the documented evidence, and the application of the Ramachandrappa principle to determine a fair amount.
Contentions of Respondents
The respondents submitted that the accident primarily occurred due to the negligence of the jeep driver, and the bus owner and insurer cannot be made responsible for negligence attributable to another vehicle. They argued that the bus had valid insurance and that the insurer’s liability was only for indemnifying the owner; and that the Tribunal’s assessment of compensation complied with evidence and the nature of injuries. They contended that the petition was over-claimed, and that a higher calculation beyond the Tribunal’s award was not warranted; the insurer argues that the amount claimed as compensation is excessive and that the Tribunal did not err in requiring the appellant to prove the actual earnings. They urged the court to maintain the original quantum and to restrict any enhancement to what the Tribunal had already allowed. They argued that the amount should be fair and balanced in the light of the evidence and the medical record and to avoid excessive compensation; and asked that the appeal be dismissed or the enhancements be restricted.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited | [(2011) 13 SCC 236] | Positive | The Supreme Court decision is cited and followed to fix the notional monthly income (Rs.4,500) for the year 2004, influencing the enhancement of compensation. |
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