Aboobacker Vs. Purushu

Aboobacker vs Purushu

Type Court Judgment Court Kerala Decided Jun 04, 2014

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https://sooperkanoon.com/case/1143600

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Citation: sooperkanoon.com/1143600
Court: Kerala High Court
Judge: Honourable Mr. Justice B.Kemal Pasha
Decided On: Jun 04, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Aboobacker

Respondent

Purushu

Excerpt

.....on account of the negligence of the 2nd respondent in riding a motorcycle bearing reg.no.kl-11-n-6717. the 1st respondent is the registered owner of the motorbike and the 3rd respondent is the insurer.3. it seems that the appellant had sustained fracture of both bones of left leg; lacerated wound 4 x 3 cm over upper 1/3rd left leg and swelling and deformity of left leg. he had undergone treatment as inpatient from 15.05.2008 to m.a.c.a. 167 of 2011 -:2. :- 22.05.2008 and thereafter from 14.08.2008 to 20.08.2008. even though medical bills to a tune of 29,217/- were submitted, the tribunal had honoured medical bills for an amount of 6,602/- only, as the other medical bills pertained to ayurvedic medicines were not supported by any prescriptions or other documents. the court below has granted an amount of 27,852/-, with interest, as compensation.4. heard the learned counsel for the the appellant and the learned counsel for the respondents. the learned counsel for the appellant has pointed out that under the head transport to hospital an amount of 500/- only was granted by the tribunal. for loss of earnings, the tribunal has granted only 2,500/-, and towards loss of amenities the tribunal has granted an amount of 1,000/- only. it has been pointed out that the amounts fixed by the tribunal under those heads are quite inadequate and do not reflect the actuals. according to the learned counsel for the appellant, m.a.c.a. 167 of 2011 -:3. :- the appellant was working abroad and he was on leave during the period of accident; but no evidence has been adduced to show that he was working abroad. he was aged 55 years at the time of accident. the learned counsel for the appellant has pointed out that the court below has considered his monthly earnings as 2,500/- and fixed one month's income as loss of earnings. considering the seriousness of the injuries sustained to him, it is evident that at least for four months he would have been unable to do any work at all and his income.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE4H DAY OF JUNE201414TH JYAISHTA, 1936 MACA.No. 167 of 2011 ( ) ------------------------- AGAINST THE AWARD IN OPMV13512008 of M.A.C.T.,KOZHIKODE DATED1111-2009 APPELLANT(S)/PETITIONER: ---------------------------------------------- ABOOBACKER, AGED57YEARS, S/O.ABDURAHIMANKUTTY, KUZHIMANNIL HOUSE, POST CHEROOPA MAVOOR, KOZHIKODE DISTRICT. BY ADV. SRI.R.SUDHISH RESPONDENT(S)/RESPONDENTS: ---------------------------------------------------- 1. PURUSHU, S/O.RARU, 7/513, PULPARAMBIL HOUSE, PANTHEERANKAVU POST, KOZHIKODE673019.

2. SURESH KUMAR M.P.,S/O.BALAKRISHNANNAIR, MAYANGATTU PARAMBATH HOUSE, PERUVAYAL P.O. KOZHIKODE673204.

3. ORIENTAL INSURANCE COMPANY LTD, DIVISIONAL OFFICE II, PRAMOD BUILDING, CHEROOTTY ROAD KOZHIKODE - 1. R1 & 2 BY ADV. SRI.E.NARAYANAN R3 BY ADV. SRI.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON0406-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.KEMAL PASHA, J.

................................................................ M.A.C.A. No. 167 of 2011 ............................................................... Dated this the 4th day of June, 2014

JUDGMENT

Dissatisfied with the award in O.P.(MV) No.1351/2008 of the Motor Accident Claims Tribunal, Kozhikode, the petitioner has come up in appeal.

2. The appellant sustained serious injuries in a motor accident on 15.05.2008, occurred on account of the negligence of the 2nd respondent in riding a motorcycle bearing Reg.No.KL-11-N-6717. The 1st respondent is the registered owner of the motorbike and the 3rd respondent is the insurer.

3. It seems that the appellant had sustained fracture of both bones of left leg; lacerated wound 4 x 3 cm over upper 1/3rd left leg and swelling and deformity of left leg. He had undergone treatment as inpatient from 15.05.2008 to M.A.C.A. 167 of 2011 -:

2. :- 22.05.2008 and thereafter from 14.08.2008 to 20.08.2008. Even though medical bills to a tune of 29,217/- were submitted, the Tribunal had honoured medical bills for an amount of 6,602/- only, as the other medical bills pertained to Ayurvedic medicines were not supported by any prescriptions or other documents. The court below has granted an amount of 27,852/-, with interest, as compensation.

4. Heard the learned counsel for the the appellant and the learned counsel for the respondents. The learned counsel for the appellant has pointed out that under the head transport to hospital an amount of 500/- only was granted by the Tribunal. For loss of earnings, the Tribunal has granted only 2,500/-, and towards loss of amenities the Tribunal has granted an amount of 1,000/- only. It has been pointed out that the amounts fixed by the Tribunal under those heads are quite inadequate and do not reflect the actuals. According to the learned counsel for the appellant, M.A.C.A. 167 of 2011 -:

3. :- the appellant was working abroad and he was on leave during the period of accident; but no evidence has been adduced to show that he was working abroad. He was aged 55 years at the time of accident. The learned counsel for the appellant has pointed out that the court below has considered his monthly earnings as 2,500/- and fixed one month's income as loss of earnings. Considering the seriousness of the injuries sustained to him, it is evident that at least for four months he would have been unable to do any work at all and his income for four months have to be granted as compensation towards loss of earnings, by considering his monthly income as 3000/-. Towards transport to hospital an amount of 500/- more can be granted, over and above the amount arrived at by the Tribunal. Towards loss of amenities, it seems that a meagre amount of 1,000/- has been fixed by the court below which is totally inadequate. An amount of 7,500/- has to be granted towards loss of amenities. Therefore, the appellant M.A.C.A. 167 of 2011 -:

4. :- is entitled to get an additional compensation of 16,500/-, over and above the amount granted by the Tribunal. In the result, this appeal is allowed and an additional compensation of 16,500/- with 7% interest per annum is granted to the appellant. The Tribunal is granted permission to the 3rd respondent to pay the amount and to recover the same from the registered owner, as the rider had no driving license to ride the motorbike. Such conditions will apply herein also. The 3rd respondent shall deposit the amount within a period of two months from today. Sd/- B. KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge

Same Court & Year Kerala · 2014 Same Parties Aboobacker vs Purushu Same Subject Land Acquisition Same Judge Honourable Mr. Justice B.Kemal Pasha