KANARAN v. M.V. SHAFEEQ AND ORIENTAL INSURANCE CO. LTD.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** # **THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942** ## **MACA.No.2921 OF 2009** **AGAINST THE AWARD IN OPMV 484/2006 DATED 24-03-2009 OF MOTOR ACCIDENT CLAIMS TRIBUNAL VADAKARA** ## **APPELLANT:** **KANARAN, AGED 50,S/O.KANNAN, PALORA CHALIL HOUSE, CHEKKILAD AMSOM,, P.O.PULIYAVU, VATAKARA TALUK, PIN-673 509.** ## **BY ADV. SRI.U.P.BALAKRISHNAN** ## **RESPONDENTS:** **1 M.V.SHAFEEQ, AGE NOT KNOWN, PROPRIETOR, CHERRY FOOD PRODUCTS,, POST PARAKKADAVU, VATAKARA TALUK,, (OWNER OF THE PICKUP VAN BEARING, REGN.NO.KL-18/B 833).** - **2 ORIENTAL INSURANCE CO.LTD.** **BRANCH OFFICE, SHOBA TSV COMPLEX,, RAILWAY STATION ROAD, POST PALAKKAD,, POLICY NO.2005/15594(INSURER OF THE VAN).** **R1 BY ADV. SRI.GEORGE CHERIAN THIRUVALLA** **THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04.03.2021, ALONG WITH MACA.1779/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** MACA.2921/2009, MACA.1779/2009 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942** ## **MACA.No.1779 OF 2009** **AGAINST THE AWARD IN OPMV 484/2006 DATED 24-03-2009 OF MOTOR ACCIDENT CLAIMS TRIBUNAL VADAKARA** ## **APPELLANT:** **THE ORIENTAL INSURANCE CO.LTD. REPRESENTED BY ITS ASSISTANT MANAGER,REGIONAL, OFFICE,ERNAKULAM NORTH,KOCHI-18.** **BY ADVS.** **SRI.GEORGE CHERIAN (SR.) SMT.K.S.SANTHI SMT.LATHA SUSAN CHERIAN** ## **RESPONDENTS:** **1 KANARAN, S/O.KANNAN, PALORA CHALIL HOUSE, CHEKKILAD AMSOM DESOM, POST.PULIYAVU,VATAKARA, TALUK,PIN-673509. 2 M.V.SHAFEEQ, PROPRIETOR,CHERRY FOOD PRODUCTS,POST.PARAKKADAVU,VATAKARA TALUK.** **R1 BY ADV. SRI.U.P.BALAKRISHNAN R1 BY ADV. SRI.K.R.AVINASH (KUNNATH) R2 BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) R2 BY ADV. SRI.GEORGE VARGHESE KIZHAKKAMBALAM** **THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04.03.2021, ALONG WITH MACA.2921/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** MACA.2921/2009, MACA.1779/2009 3 ## **P.V.KUNHIKRISHNAN, J** -------------------------------------------------------------- [ MACA.2921/2009 & MACA.1779/2009 ] ## **JUDGMENT** Dated this the 4th day of March 2021 These two appeals are filed challenging the same award in O.P (MV) No.484/2006 on the file of the Motor Accidents Claims Tribunal, Vadakara. The appellant in MACA No.1779 of 2009 is the 2[nd] respondent insurance company. The appellant in MACA No.2921 of 2009 is the claimant in the above case. (Hereinafter the parties are mentioned in accordance to their rank before the tribunal). 2. The short facts are like this:- On 14.3.2006 when the petitioner was standing on the road side, a pickup van bearing registration No.KL-18 B 833 driven by the driver in a rash an negligent manner hit him and he sustained injury. Immediately he was taken to VIMS hospital, Kallachi and later to Medical College hospital, Kozhikode. Thereafter, he was again shifted to Baby Memorial Hospital, Kozhikode. The MACA.2921/2009, MACA.1779/2009 4 appellant sustained grievous injuries to his left leg and the left leg of the appellant was amputed above knee and has become permanently disabled due to the accident. According to the appellant, the accident occurred due to the negligence of the driver of the pickup van bearing registration No.KL/18 B 833. First respondent is the owner and the 2[nd] respondent is the insurer of the offending vehicle. The appellant is a coolie worker and was getting monthly income of Rs.7,500/-. The appellant claimed an amount of Rs.10 lakh as compensation. 3. To substantiate the case, the appellant himself was examined as PW1. Exts.A1 to 10 were marked on the side of the appellant. The respondent produced Ext.B1 to B4 before the tribunal. 4. After going through the pleadings and documents, the Tribunal found that, the appellant is entitled a total compensation of Rs.6,87,100/- with interest @7.5% p.a from the date of petition till the date of payment. Aggrieved by the quantum of compensation the claimant filed MACA.No.2921/2009. The insurance MACA.2921/2009, MACA.1779/2009 5 company also filed MACA No.1779/2009 alleging that the compensation amount awarded by the tribunal is high. 5. Heard the counsel for the appellant in both these appeals and the counsel for the respondents. 6. The main contention of the appellant insurance company in MACA No.1779/2009 is that, the amount awarded by the tribunal is highly excessive. I perused the impugned award, and the amount awarded under different heads. I see no reason to interfere with the compensation amount awarded by the tribunal on different heads. But, the tribunal awarded an amount of Rs.50,000/- as compensation for loss of predominant happy life. The counsel for the appellant/2nd respondent submitted that the amount awarded towards that head is not known to law. The counsel submitted that huge amount is awarded in other heads and the tribunal erred in passing an amount of Rs.50,000/- as compensation for loss of predominant happy life. I see some force in the argument of the appellant. Therefore, I think the amount MACA.2921/2009, MACA.1779/2009 6 awarded towards predominant happy life can be set aside. 7. Now turn to the appeal filed by the claimant which is MACA No.2921/2009. According to the appellant, he was a coolie and he was getting monthly income of Rs.7,500/-. The tribunal after considering the entire aspects fixed the monthly income of the appellant as Rs.4,000/-. Admittedly, the accident happened in 2006. In the light of the decision of the apex court in **Ramachandrappa v. The Manager, Royal Sundaram Alliance Insurance Company Limited [2011(13) SCC 236],** the counsel submitted that the monthly income may be increased. 8. There is some force in this argument. I think an amount of Rs.6,000/- can be safely fixed as monthly income in the light of the decision of the apex court in **Ramachandrappa's** case (supra). 9. Consequently the amount of compensation awarded towards disabilities is to be recalculated in the following manner:- MACA.2921/2009, MACA.1779/2009 7 Rs.6,000X12X13X54/100=Rs.5,05,440/-. 10. An amount of Rs.3,36,960/- is already granted as compensation for disabilities. That is to be reduced. Then the enhanced compensation entitled by the appellant is Rs.1,68,480/-. As far the loss of income is concerned, the tribunal assessed for six months. By taking the revised monthly income, the appellant is entitled more amount in the following manner:- Rs.6,000x6=Rs.36,000-24,000=Rs.12,000/-. Therefore, the enhanced compensation amount can be summarized like this:- |Compensation for disability|Rs.1,68,480/-| |---|---| |Loss of earning|Rs. 12,000/-| |Total|Rs. 1,80,480/-| 11. Therefore, the appellant is entitled for an amount of Rs.1,80,480/- as additional compensation. The appellant is entitled interest at the rate of 8% from the date of petition. In the result, these appeals are disposed in the following manner:- MACA.2921/2009, MACA.1779/2009 8 1. MACA No.1779/2009 is allowed in part. The amount of Rs.50,000/- awarded by the tribunal as compensation for loss of predominant happy life is set aside. 2. MACA No.2921/2009 is allowed in part. The appellant is entitled an enhanced amount of Rs.1,80,480/- as enhanced compensation with interest @ 8% p.a from the date of application till the date of payment. The Oriental Insurance Company, who is the 2[nd] respondent before the tribunal is directed to pay the enhanced compensation with interest to the appellant. **Sd/-** ## **P.V.KUNHIKRISHNAN** **JUDGE** ska