Kerala High Court
MACA/185/2007 of K.SATHINANARAYANAN Vs THE NEW INDIA ASSURANCE COMPANY LTD on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 MACA.No. 185 of 2007 (D) ------------------------ OPMV.1860/2002 of M.A.C.T., MANJERI APPELLANT/PETITIONER:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN &
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
MACA.No. 185 of 2007 (D)
------------------------
OPMV.1860/2002 of M.A.C.T., MANJERI
APPELLANT/PETITIONER:-------------------- K.SATHIANARAYANAN, S/O.P.PADMANABHAN, PARAMBATTAKAVIL HOUSE, AKKAPARAMBA P.O. MALAPPURAM DISTRICT.
BY ADV. SRI.BABU S. NAIR
RESPONDENT/3RD RESPONDENT:
-------------------------
THE NEW INDIA ASSURANCE COMPANY LTD.,
GOVERNMENT ARTS COLLEGE ROAD, COIMBATORE - 18.
BY ADV. SRI.P.SANJAY BY ADV. SRI.BIJU MEENATTOOR BY ADV. SRI.LAL GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
kvr/
S. SIRI JAGAN & C.K. ABDUL REHIM, JJ.
------------------------------------------------- M.A.C.A No. 185 OF 2007
------------------------------------------------- DATED THIS THE 31[st] DAY OF DECEMBER, 2012
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J U D G M E N T
Abdul Rehim, J:
Claimants in OP (MV) No.1860/2002 on the files ofMotor Accident Claims Tribunal, Manjeri is in appealseeking enhancement of the compensation awarded. Theappellant sustained following injuries, when a Jeep collidedwith the motor cycle on which he was riding.
"Compression fracture of LI, Vertebrae, transverseprocess fracture or LI vertebrae withoutneurological deficit and volar barren fracture rightwrist. As per the wound certificate fracture lowerend of (R) radius, swelling wrist, lacerated wound ofright knee exposing the pattella, Diffuse of swellingand tenderness of the spine L2 level, Multipleabrasions over nose, right hand, right foot etc."
2. The Tribunal awarded a total compensation ofRs.45,297/-. Learned counsel for the appellant contendedthat, the Tribunal went highly erred in not accepting themonthly income claimed by the appellant, who wasallegedly working as a Sales Executive, inspite of Ext.A6
MACA No.185/2007
salary certificate produced. He also contended that theamounts awarded under the head of treatment expenses,pain and suffering etc., are on lower side.
3. Heard; counsel for the appellant and standingcounsel appearing for the Insurance Company.
4. On a quick re-appraisal of the evidence adducedas enumerated in the impugned award and on consideringthe contentions put forth on either side, we are of theopinion that the award needs modification to enhance thecompensation under the head of loss of income. Theappellant claimed that he was working as a Sales Executiveat the time of the accident in a Private firm. Inorder toprove his income he had produced Ext.A6 certificate whichshows his monthly salary as Rs.5,000/-. The respondent wasnot successful in challenging genuineness or acceptabilityof Ext.A6 certificate. However, considering the fact that theemployer was not examined nor any supportive evidencewas produced in order to corroborate the income, we fixmonthly income of the appellant at Rs.3,500/-, on areasonable estimation, considering his employment as a MACA No.185/2007
Sales Executive. Consequently the amount awarded underthe head of loss of Income for a period of 7 months will beenhanced to Rs.24,500/-, resulting in a difference ofRs.10,500/-. We do not find any reason to enhance theamount of compensation awarded under any other heads.
5. In the result the appeal is partly allowed.Compensation of Rs.47,200/- awarded by the Tribunal willstand enhanced by a further sum of Rs.10,500/-, which willcarry interest @9% per annum from the date of the claimpetition till realisation.
6. The respondent Insurance company is directed tomake deposit of the amount before the Tribunal within 2months from the date of receipt of a copy of this judgment.No order as to costs.
Sd/-
S. SIRI JAGAN, JUDGE.
AMG
Sd/-C.K. ABDUL REHIM, JUDGE.
True copy
P.A to Judge