High Court of KeralaSingle JudgeAppeal allowed; enhanced compensation for multi...

Madhu v. K.A. Nazeer and Others

Case / Petition Number:MACA. No.136 of 2012

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Vinod Chandran
Judgment Date
2019-01-15
Court Decision / Holding
Appeal allowed. The High Court enhanced several heads of compensation, adopted the appellant’s income in line with Ramachandrappa, allowed hip-replacement costs after removing duplication, and directed payment of enhanced amounts within two months with interest from the date of application, via NEFT/RTGS, with no order as to costs.
Final Disposition
Appeal allowed; enhanced compensation for multiple heads; hip replacement expenses approved with adjustments; payment within two months with interest; NEFT/RTGS transfer; no costs.

Parties to the Case

Appellants / Petitioners

  • Madhu, s/o Vijayan

Respondents

  • K.A. Nazeer
  • Sudheer V.R
  • National Insurance Company Limited
  • Lalitha Srivallabhan
  • Baiju
  • The Oriental Insurance Company Limited

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri T.C. Suresh Menon
  • • Sri A.R. Nimod
  • • Sri P.S. Appu

Counsels for Respondents

  • • Sri Agi Joseph

Case Synopsis & Summary

This is a Motor Accident Claims Appeal (MACA No.136 of 2012) decided by the Kerala High Court on 15 January 2019, before Judge K. Vinod Chandran. The appellant Madhu, a carpenter aged around 25, injured in a road accident when a bus overtook his car and braked abruptly, resulting in a collision with the car. The Motor Accidents Claims Tribunal, Thrissur, held the bus driver negligent and awarded compensation under the insured vehicle’s policy. The appellant sustained serious injuries including fracture of the zygoma, left radius, shaft of the left femur, neck of the right femur, and cerebral edema, requiring 21 days of inpatient care and open reduction with internal fixation. The Tribunal noted insufficient documentary evidence of occupation and income, but relied on the Supreme Court’s Ramachandrappa decision to fix the claimant’s income in a manner suitable for a skilled carpenter, adopting an income in the same line as the cited authority. The Tribunal granted nine months’ loss of earnings, assessed permanent disability at 15%, and allowed hip replacement expenses claimed by the appellant, subject to adjustments for duplication. The High Court enhanced several heads of compensation and endorsed the hip-replacement costs with a deduction for duplication, directing payment within two months with interest and NEFT/RTGS transfer, and held the appeal to be allowed without costs.

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant argued for enhanced compensation based on the actual injuries, medical expenses, and loss of earning. He asserted a reasonable income by applying the Supreme Court’s approach in Ramachandrappa (2011) to a skilled carpenter and claimed hip-replacement costs were necessitated by the accident; he urged the Tribunal’s 9-month loss of earnings and disability assessment be increased.

Contentions of Respondents

The respondents contended there was a miscalculation of expenses (notably a suggested duplication of Rs. 9,500 for the hip-replacement bills) and argued that the Tribunal’s quantum should be maintained subject to scrutiny of medical bills and proof of income; they relied on the insurer’s policy and did not dispute negligence finding but sought to limit liability through precise medical-expense accounting.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Ramachandrappa v. Royal Sundaram Alliance Insurance Company Limited(2011) 13 SCC 236PositiveCited to adopt the Supreme Court’s framework for determining the claimant’s income (carpenter) and to validate the income used for computation 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 K.VINOD CHANDRAN** **TUESDAY, THE 15TH DAY OF JANUARY 2019 / 25TH POUSHA, 1940** **MACA. No.136 of 2012** **AGAINST THE AWARD IN OP[MV] NO.2873/2004 OF THE MOTOR ACCIDENTS CLAIMS TRIUBUNAL, THRISSUR DATED 19-09-2011** ## **APPELLANT/PETITIONER:** **MADHU, S/O.VIJAYAN, RESIDING AT THEKKEPURACKAL HOUSE, KIZHUPULLIKKARA, THRISSUR DISTRICT.** **BY ADVS. SRI.T.C.SURESH MENON SRI.A.R.NIMOD SRI.P.S.APPU** ## **RESPONDENTS/RESPONDENTS:** - **1 MR.K.A.NAZEER, S/O.K.A.ABBAS, RESIDING AT KIZHUVALIPARAMBIL HOUSE, CHERPU WEST, THRISSUR, PIN-680 561.** - **2 SUDHEER.V.R, S/O.RAMAKRISHNAN, RESIDING AT VYLOPPILLY HOUSE, P.O.CHAZHUR, THRISSUR680 571.** - **3 NATIONAL INSURANCE COMPANY LIMITED DIVISIONAL OFFICE, AMBIKA ARCADE, THRISSUR-680 001.** - **4 SMT.LALITHA SRIVALLABHAN RESIDING AT KONNANGATH HOUSE, P.O.CHERPU, THRISSUR-680 561.** - **5 BAIJU, S/O.RAMAN, RESIDING AT PALLATH HOUSE, KIZHUPULLIKKARA, THRISSUR-673 639.** - **6 THE ORIENTAL INSURANCE COMPANY LIMITED BOX NO.2, KPN SHOPPING COMPLEX, OPPOSITE THIRUVAMBADY TEMPLE, SHORNUR ROAD, THRISSUR680 001.** **BY ADV. SRI.AGI JOSEPH** **THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** MACA. No.136 of 2012 2 ## **JUDGMENT** **The appellant herein, along with six other persons, was travelling in a car bearing Registration No.KL-8/U-9915, when a bus driven by the 2[nd] respondent overtook the car and suddenly applied the brakes. The car, which was just behind, collided on the bus. The accident is alleged to have been caused by the rash and negligent driving of the bus driver. The Tribunal found negligence on the bus driver. The bus was also covered by a valid insurance policy. The appeal is only on the quantum of compensation, which the appellant claims has to be enhanced. 2. The appellant suffered the following injuries as is noticed in Annexure A20 Wound Certificate and Annexure A21 Discharge Summary:** _**“Fracture of zygoma, left radius, shaft of left femur, neck of right femur and cerebral oedema.”**_ MACA. No.136 of 2012 3 **3. The appellant was also treated as an inpatient for 21 days. The procedures carried out on the appellant were 'open reduction and internal fixation with nailing and cancellous screws'. The appellant was aged 25 years and was a carpenter with a monthly income as claimed at Rs.5,000/-. The appellant's age was proved by Annexure A24 Electoral Identity Card, which stood at 29 years as on the date of the accident. The Tribunal found that there was no satisfactory evidence regarding the occupation and income of the appellant. It has to be noticed that there could be no such satisfactory documentary evidence produced in the case of a carpenter .In any event the Hon'ble Supreme Court had found the monthly income of a Coolie at Rs.4,500/- in** _**Ramachandrappa v. Royal Sundaram Alliance Insurance Company Limited [(2011) 13 SCC 236]**_ **in the year 2004. The present accident also** MACA. No.136 of 2012 4 **occurred in the very same year and considering the fact that the appellant/injured is a carpenter, a skilled worker, this Court is of the opinion that, on a reasonable count, the income asserted by the appellant can be adopted.** **4. The Tribunal found that the appellant could not carry out any work for a period of 9 months and granted loss of earning for the said period, which has to be computed at the income as found by this Court. Permanent disability was claimed on the basis of Annexure A22 Certificate issued by a private medical practitioner. The percentage of disability noted therein was 19%, however, the Doctor, who examined the appellant, was not produced before the Tribunal as a witness. The Tribunal found that the appellant was limping when he personally appeared before the Tribunal. The permanent disability adopted by the Tribunal was 15%, which is quite reasonable.** MACA. No.136 of 2012 5 **5. The appellant also had a claim before the Tribunal that he requires hip replacement. It is his case that in fact the said procedure had been conducted subsequent to the award. The appellant has produced bills for the said procedure as issued by the West Fort Hospital, Thrissur before this court. This Court does not find any reason to remand the matter. The original bills can be accepted in this application. The total amount claimed is Rs.1,53,522/-. The learned Counsel for the Insurance Company points out that there is a duplication of Rs.9,500/-. Hence the medial expenses for the hip replacement surgery, which the appellant is entitled to be compensated with for reason of the procedure having been necessitated only due to the accident, would come to Rs.1,44,000/-.** **6. The following enhancement shall be granted in so far as the compensation granted for** MACA. No.136 of 2012 6 ## **the injuries as suffered in the accident:** |**Sl.**<br>**No.**|**Head of Claim**|**Amount**<br>**awarded by**<br>**the**<br>**Tribunal**<br>`|**Total amount**<br>**after**<br>**enhancement in**<br>**appeal**<br>`| |---|---|---|---| |**1**|**Loss of earning**|**27000**|**45000**<br>**[5000*9]**| |**2**|**Medical and**<br>**miscellaneous**<br>**expenses**|**67000**|**211000**<br>**[67000+144000]**| |**3**|**Bystander's expenses**|**4500**|**9000**| |**4**|**Transportation**<br>**expenses**|**3000**|**5000**| |**5**|**Extra nourishment**|**2000**|**7500**| |**6**|**Damage to clothing**|**500**|**500**| |**7**|**Pain and suffering**|**25000**|**25000**| |**8**|**Permanent disability**|**91800**|**153000**<br>**[5000*12*17*15/**<br>**100]**| |**9**|**Loss of amenities**|**15000**|| ||**Total**|**201393**|**456000**| **5. The amounts awarded as above, after** **deducting what has already been paid, shall be paid within two months from the date of receipt of a certified copy of this judgment with interest from the date of application and cost,** MACA. No.136 of 2012 7 **if any, as directed by the Tribunal. The appellants shall produce a copy of a canceled cheque of the Bank account in their name with copy of AADHAAR before the Tribunal within one month, with copy to the Insurance Company. The Insurance Company shall credit the amount through NEFT/RTGS mode to the said account, failing which, the applicants can approach the Tribunal.** **The interest shall be granted as directed by the Tribunal, however for the amount of Rs.1,44,000/-, the interest shall run from June, 2012, since the amounts were expended at that point of time for the hip replacement surgery.** **The above appeal is allowed without any order on costs in the appeal.** ## **Sd/K. VINOD CHANDRAN JUDGE** **sp/18/01/19** **//True Copy//** **P.A. To Judge** MACA. No.136 of 2012 8 ## **APPENDIX** ## **' - PETITIONER S EXHIBITS:** |**ANNEXURE A1**|**TRUE COPY OF THE CERTIFICATE**| |---|---| ||**ISSUED BY THE DOCTOR DATED**| ||**25.10.2011.**| |**ANNEXURE A2**|**TRUE COPY OF THE ORIGINAL OF THE**| ||**DISCHARGE SUMMARY DATED**| ||**07.01.2012.**| |**ANNEXURE A3**|**TRUE COPY OF THE ORIGINAL BILLS OF**| ||**THE TREATMENT INCURRED TO THE TUNE**| ||**OF RS.1,53,522.45 DATED NIL.**| ## **RESPONDENTS' EXHIBITS:- NIL** **//TRUE COPY// P.A. TO JUDGE**