V.P. Praveen Kumar v. George S/O Cherian; Jijo George; United India Insurance Company Limited

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 3[ RD ] DAY OF APRIL 2024 / 14TH CHAITHRA, 1946`** ## **`MACA NO. 2521 OF 2013`** ``` AGAINST THE JUDGMENT & AWARD DATED 17.07.2013 IN OP(MV) NO.1656 OF 2010 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM ``` ## **`APPELLANT/PETITIONER:`** ``` V.P. PRAVEEN KUMAR, AGED 24 YEARS, SON OF PRAKASAN, VELIKKAKATH HOUSE, AROOR P.O, AROOR VILLAGE, ALAPPUZHA. ``` ``` BY ADVS. SRI.ANIL S.RAJ SMT.ANILA PETER SMT.C.PRABITHA SMT.K.N.RAJANI SRI.J.VIVEK GEORGE ``` ## **`RESPONDENTS/RESPONDENTS:`** - **`1 GEORGE,`** ``` S/O.CHERIAN, H.NO.4/54 (4/62), KUNNATHUKUZHIYIL HOUSE, AROOR P.O., AROOR VILLAGE, ALAPPUZHA -688 534. ``` - **`2 JIJO GEORGE,`** ``` S/O.GEORGE, H.NO.4/54 (4/62), KUNNATHUKUZHIYIL HOUSE, AROOR P.O., AROOR VILLAGE, ALAPPUZHA -688 534. ``` MACA 2521 of 2013 2 ## **`3 THE UNITED INDIA INSURANCE COMPANY LIMITED,`** ``` B.O.3, SHARANYA, HOSPITAL ROAD, COCHIN - 682 011. ``` ``` BY ADV SRI.A.R.GEORGE, SC, THE UNITED INDIA INSURANCE COMPANY LIMITED. ``` ``` THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` MACA 2521 of 2013 3 ## **J U D G M E N T** This appeal is filed by the petitioner in OP(MV) No.1656 of 2010 on the file of Motor Accidents Claims Tribunal, Ernakulam, assailing the award on the ground of inadequacy of compensation. 2. On 19.04.2010 at 7.00 p.m., while the appellant was riding his bicycle through Ernakulam-Alappuzha National Highway, he was knocked down by KL-32/B-3412 motorcycle ridden by the 2nd respondent, in a rash and negligent manner. He was thrown down and sustained injuries. He was taken to Jeevan’s Hospital, Ernakulam, and from there to Lakeshore Hospital, Maradu, where he was admitted and treated. He was hospitalised for 27 days in total, in two different spells and he suffered permanent disability of hearing loss of his left ear. He was a 23 year old Multi-Media Trainer, earning monthly income of Rs.6,500/-. He approached the Tribunal claiming compensation of Rs.10,00,000/-. But the Tribunal awarded only Rs.5,99,092/-. Hence this appeal. MACA 2521 of 2013 4 3. The 1st respondent was the owner of the offending motorcycle, 2nd respondent was its rider, and the 3rd respondent was its Insurer. Respondents 1 and 2 remained _ex parte_ . The 3rd respondent-Insurer contested the case, but admitted the policy. 4. In the appeal, the 1st respondent remained absent in spite of service of notice. Notice to the 2nd respondent was dispensed with since the 3rd respondent-Insurer entered appearance and admitted the policy. 5. Heard learned counsel for the appellant and learned counsel for the 3rd respondent-Insurer. 6. Learned counsel for the appellant would submit that the compensation awarded by the Tribunal is arbitrarily low, considering the nature of injuries suffered by the appellant, the period of hospitalisation as well as the disability suffered by him. According to him, though the appellant produced Ext.A13 certificate to prove his monthly income as Rs.6,500/-, learned Tribunal fixed his notional income @ Rs.4,000/-. Going by the MACA 2521 of 2013 5 decision **Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [AIR 2011 SC 2951]** , even a Coolie worker was eligible to get his notional income fixed @ Rs.7,500/- in the year 2010. So, learned Tribunal ought to have accepted Ext.A13 salary certificate to take his monthly income as Rs.6,500/-. Learned Tribunal assessed loss of earning for a period of ten months. He had suffered head injury also in the accident and he was admitted in hospital twice. Learned counsel for the appellant would submit that, he was not able to do his job as a Multi-Media Trainer, due to the injuries and the consequential disability, for a period exceeding one year. So this Court is inclined to assess his loss of earning for a period of 12 months @ of Rs.6,500/-, which will come to Rs.78,000/-. On deducting Rs.40,000/already awarded by the Tribunal, he is entitled to get the balance amount of Rs.38,000/- as enhanced compensation under the head ‘loss of earning’. MACA 2521 of 2013 6 7. Towards transportation expenses, learned Tribunal awarded only Rs.2,000/-. Two times he was taken to Lakeshore Hospital for IP treatment. Exts.A11 and A12 will show that he had gone to Medical College Hospital, Vandanam, Alappuzha also in connection with the audiological evaluation. So, this Court is inclined to award Rs.2,000/more towards transportation expenses. 8. Towards pain and suffering, learned Tribunal awarded Rs.50,000/- against his claim of Rs.1, 50, 000/-. The appellant, who was a 23 year old Multi-Media Trainer, suffered severe head injury and he was hospitalised for 27 days, and finally he lost hearing capacity of his left ear. So this Court is inclined to award Rs.20,000/- more under the head ‘pain and suffering’. 9. Under the head permanent disability, learned Tribunal awarded Rs.1,10,592/-, taking his monthly income @ Rs.4,000/-. We have fixed his income at Rs.6,500/- and so, the disability compensation can be assessed as Rs.1,79,712/(6,500x12x18x12.8%). After deducting the amount already MACA 2521 of 2013 7 awarded under that head, the appellant is entitled to get the balance amount of Rs.69,120/-. 10. Towards loss of amenities, the appellant was awarded Rs.50,000/-, though his claim was Rs.1,50,000/-. Ext.C1 disability certificate issued by the Medical Board of Medical College Hospital, Vandanam, Alappuzha, certifies that the appellant suffered hearing loss of left ear. He was a 23 year old Multi-Media Trainer, and so hearing loss of his left ear might have affected his life and future to a great extent. So, for loss of amenities, this Court is inclined to give enhancement of Rs.25,000/-. 11. The compensation awarded under all other heads seems to be reasonable and hence it needs no modification. |Head of claim|Amount<br>awarded by<br>the Tribunal|Amount<br>awarded in<br>appeal|Difference to<br>be drawn as<br>enhanced<br>compensation| |---|---|---|---| |Loss of earning|Rs.40,000/-|Rs.78,000/-|Rs.38,000/-| |Transportation<br>expenses|Rs.2,000/-|Rs.4,000/-|Rs.2,000/-| |Pain & suffering|Rs.50,000/-|Rs.70,000/-|Rs.20,000/-| MACA 2521 of 2013 8 |Compensation for<br>Permanent<br>disability|Rs.1,10,592/-|Rs.1,79,712/-|Rs.69,120/-| |---|---|---|---| |Loss of amenities|Rs.50,000/-|Rs.75,000/-|Rs.25,000/-| |Total|||Rs.**1,54,120**/-| 12. In the result, the appellant is entitled to get enhanced compensation of Rs.1,54,120/- (38,000 + 2,000 + 20,000 + 69,120 + 25,000). 13. The 3rd respondent-Insurer is directed to deposit the enhanced compensation of Rs.1,54,120/- (Rupees One Lakh Fifty Four Thousand One Hundred and Twenty only) in the Bank account of the appellant, with interest @ 8% per annum, from the date of petition till the date of deposit, within a period of two months from the date of receipt of a copy of this judgment. The deposit must be in terms of the directives issued by this Court in Circular No.3 of 2019 dated 06/09/2019 and clarified in O.M.No.D1/ 62475/2016 dated 07/11/2019 after deducting the liabilities, if any, of the appellant towards Tax, balance court fee and legal benefit fund. MACA 2521 of 2013 9 The appeal is allowed to the extent as above, and no order is made as to costs. Sd/- **SOPHY THOMAS JUDGE** DSV/-