Moosa v. A.K. Ummer and others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- J.B.Koshy
- K.P.Balachandran
- Judgment Date
- 2007-06-07
- Court Decision / Holding
- The appeal is partly allowed. The court enhanced the compensation by Rs.23,750 over and above the Tribunal’s decree, directing the third respondent (insurer) to deposit this amount, with 8% interest from the date of the accident until deposit. On deposit, the appellant Moosa is entitled to withdraw the enhanced amount. The Tribunal’s allocations on disfigurement, loss of earning capacity, and medical expenses were adjusted accordingly, with no further enhancements under other heads.
- Final Disposition
- Partly Allowed
Parties to the Case
Appellants / Petitioners
- Moosa, S/o. Alavikutty
Respondents
- A.K. Ummer
- P.P. Kassim
- New India Assurance Co. Ltd.
- K. Muhammed
- Oriental Insurance Co. Ltd.
Legal Representation & Advocates
Counsels for Petitioners
- • Sri.K.M.Sathyanatha Menon
Counsels for Respondents
- • Sri.M.M.Husain
- • Sri.Babu S. Nair
- • Sri.Anchal C.Vijayan
Case Synopsis & Summary
Moosa, the appellant, sustained serious injuries as a pillion rider in a road accident involving a lorry and a motorcycle on 29 December 1991. The Motor Accidents Claims Tribunal at Manjeri awarded a modest sum and directed the insurer to deposit the amount, but only Rs. 24,950 was paid. On appeal, the Kerala High Court (Division Bench) re-evaluated the quantum of compensation, not the liability. It took the view that Moosa was an earning person aged about 30 at the time and that the second schedule of the Motor Vehicles Act serves as a guideline rather than a rigid formula; monetary income was reasonably fixed at Rs.1,250 per month and the multiplier appropriate for the era was 17. Based on Ext.A5 (disability certificate showing 15% disability) and Ext.A8 (psychiatric illness), the court held that the disability should be treated as 10% for calculation purposes, leading to a revised compensation for disability and loss of earning power of Rs.25,500. It also enhanced amounts for disfigurement, medical expenses, and future medical care, totaling Rs.23,750 as an additional award. The court declined to grant enhancements under other heads, but ordered the insurer to deposit the enhanced sum with 8% interest from the date of the accident, allowing Moosa to withdraw on deposit. The appeal was partly allowed.
Provisions of Law Cited
Legal Doctrines & Maxims
- Multiplier principle based on the Second Schedule for determining compensation under Section 166; deviation from the structured formula only in exceptional cases.
- Normal application of the multiplier as indicated in the Second Schedule (as reaffirmed by apex court decisions).
- Guideline value of the Second Schedule; however, exceptions may be allowed in exceptional circumstances.
Submissions & Arguments
Contentions of Appellants / Petitioners
The appellant contends that, though the accident occurred in 1991, the second schedule of the Motor Vehicles Act provides a structured framework for calculating compensation, and that an earning individual aged 30 should be assigned a monthly income of Rs.1,250 with a multiplier of 17. Citing the decisions in Smt. Supe Dei and others v. M/s. National Insurance Company Ltd. and another, United India Insurance Co. Ltd. v. Patricia Jean Mahajan and others, and Abati Bezbaruah v. Dy. Director General, Geological Survey of India and another, the appellant asserts that the Tribunal erred in applying a lower sum for disability (Rs.7,500) and in not accounting adequately for medical and future treatment expenses. He seeks enhancement of the disability percentage (from 10% as adopted by the Tribunal to reflect Ext.A5) and full compensation under all heads, including medical expenses and loss of earning for the period of bed rest.
Contentions of Respondents
The respondents contend that the Tribunal acted within the law and that the second schedule should be treated as a guideline rather than a rigid formula; the standard multiplier should be applied with the toxic element of the case considered. They point out that medical bills were not fully produced and emphasize that the appellant’s condition required continued treatment, but argue that the Tribunal’s deductions were reasonable. They dispute the quantum of discretionary enhancements and contend the appeal should be dismissed or, at most, limited to a modest increase consistent with established jurisprudence.
Cited Precedents (3)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Smt. Supe Dei and others v. M/s. National Insurance Company Ltd. and another | JT 2002 (Suppl.1) SC 451 | Positive | Used to support the multiplier approach and reliance on second schedule as a guideline; authoritatively endorses applying multiplier 17 in appropriate circumstances. |
| United India Insurance Co Ltd. v. Patricia Jean Mahajan and others | JT 2002 (5) SC 74 | Positive | Affirms that multiplier, normally as per second schedule, should be applied; deviations are exceptional. |
| Abati Bezbaruah v. Dy.Director General, Geological Survey of India and another | (2003) 3 SCC 148 | Positive | Affirms that the structured formula provides guidelines and deviations should be rare; multiplier system should be followed ordinarily. |
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