Vijaya Kumar S/o. C.S Nair V. The New India Assurance Co. Ltd.

MACA/3007/2014

AI Insights

The case revolves around a motor accident involving the appellant, Vijaya Kumar, who sustained injuries when a KSRTC bus collided with his car on June 16, 2012. The Principal Motor Accidents Claims Tribunal, Kozhikode, initially awarded him 21,500 INR as compensation, which he found inadequate, leading to this appeal. The appellant, a Chartered Accountant by profession, argued that the accident resulted in his disability, preventing him from working, and thus he suffered a loss of income. The High Court considered the appellant's income tax records and other documents, leading to the decision to grant additional compensation for his loss of earnings and other related expenses.

• Counselvise Citation: [2017] 140 COUNSELVISE.COM (IT) 799091 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 25-10-2017
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: A A REHMAN
• Assessee Lawyers: AVM SALAHUDIN
• Keywords: Compensation; Hospitalization; Injury; Motor Accident Claims; Negligence; Loss of Earnings

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.D.RAJAN WEDNESDAY, THE 25TH DAY OF OCTOBER 2017/3RD KARTHIKA, 1939 MACA.No. 3007 of 2014 () ------------------------- AGAINST THE AWARD IN OPMV 1342/2012 of M.A.C.T.,KOZHIKODE DATED 08-04-2014 APPELLANT(S)/PETITIONER: ----------------------- VIJAYA KUMAR S/O. C.S NAIR, AGED 48 YEARS, RESIDING AT FLAT NO. 81, HILITE HARMONEY, P.O.ERANHIPALAM, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S)/3RD RESPONDENT: ----------------------------- THE NEW INDIA ASSURANCE CO. LTD. DIVISIONAL OFFICE SILVER PLAZA BUILDING I G ROAD, KOZHIKODE - 673 001. R BY ADV.A.A ZIYAD REHMAN R BY SRI.A.A.ZIYAD RAHMAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: acd P.D.RAJAN, J. ---------------------------------- M.A.C.A.No.3007 of 2014 ---------------------------------- Dated this the 25th day of October, 2017 JUDGMENT This appeal is preferred against the award in O.P .(MV)No.1342/2012 of the Principal Motor Accidents Claims Tribunal, Kozhikode by the claimant. The appellant sustained injuries in a motor accident on 16.6.2012 at 10 p.m at Kalachal and the learned tribunal awarded a sum of 21,500/- with interest and costs as compensation. Being ₹ aggrieved by that, the injured preferred this appeal. 2. The appellant's case is that on the date of accident, he was driving a car through Kuttipuram-Thrissur State Highway, at that time a KSRTC bus came in a rash and negligent manner and hit against his car, as a result he sustained serious injuries. Immediately, he was removed to Edappal Hospital. The accident occurred due to the rash and negligent driving of the KSRTC bus. The driver and owner of the KSRTC bus contended that there was no negligence from the driver's side. The insurer admitted that the vehicle was M.A.C.A.No.3007/2014 2 insured with third respondent. The appellant did not adduce any oral evidence, but his documents were marked as Exts.A1 to A7. 3. The learned counsel appearing for the appellant contended that the appellant is a Chartered Accountant by profession. Now he is disabled and unable to do any work. Ext.A2 is the wound certificate, which shows that he sustained pain over ® hip, minor lacerated wound of size 3 x 1 cm skin deep over ® knee. X-ray pelvis -AP- posterior dislocation of ® hip and X-ray ® knee -AP- lateral- no abnormalities detected. The learned tribunal awarded the following amount as compensation: “Transport to hospital 500/-, Damage to clothings and articles 500/-, Extra ₹ ₹ nourishment 500/-, Pain and suffering 15,000/- and Loss of ₹ ₹ amenities and enjoyment of life 5000/-” ₹ 4. The Income Tax statement of the year 2011-2012 shows that he was getting more than 12 lakh per year. He ₹ had paid income tax for the previous year also. Ext.A5 to A7 M.A.C.A.No.3007/2014 3 series are income tax records, which shows that there was substantial increase from 2010 to 2013. The learned tribunal did not award any amount for his loss of earnings. Since he is doing a private profession, he might have taken bed rest for a considerable period at that time and there may be loss of income. He was hospitalized for one week. Accordingly, he is entitled to get additional compensation as follows: Loss of earnings for one month : 25,000/- ₹ Extra nourishment : 2000/- ₹ Medical expenses : 2000/- ₹ ----------- Total : 29,000/- ₹ ======= Hence, in addition to the amount awarded by the tribunal, the appellant is entitled to get additional compensation of 29,000/- (Rupees twenty nine thousand only) with 8% ₹ interest and costs. The insurance company is directed to satisfy the amount within thirty days from the date of receipt of a copy of this judgment failing which it will carry 12% M.A.C.A.No.3007/2014 4 interest. The appellant is not entitled to get any interest for the delay period of 106 days. M.A.C.A. is disposed of as above. P.D.RAJAN, JUDGE acd "