Dr.Padmini vs Rafeeq Rahman a.

Type Court Judgment Court Kerala Decided Jun 25, 2024

~5 min read

https://sooperkanoon.com/case/1285301

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1285301
Court: Kerala High Court
Judge: Honourable Mrs. Justice Shoba Annamma Eapen
Decided On: Jun 25, 2024
Case Number: MACA/431/2019
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

Dr.Padmini

Respondent

Rafeeq Rahman a.

Excerpt

.....by either side. exts.a1 to a12 documents were marked on the side of the appellant. ext.b1 document was marked on the side of the respondent. the tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹1,34,863/- as compensation under different heads with interest @ 9% per annum from the date of petition, i.e, 03.03.2011, till realization, against the respondent being theinsurer. dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has come up in appeal.4. heard the learned counsel for the appellant and the learned standing counsel for the respondent insurer.5. the learned counsel for the appellant claims enhancement mainly under the following heads:- i. notional income the claim of the appellant is that he was a retiredayurvedic doctor and was earning a monthly income of ₹12,000/- per month. though the appellant had claimed an amount of ₹12,000 under the said head, the tribunal had fixed the notional income of the appellant at ₹10,000/-. on a perusal of ext.a1 fis produced along with fir, it is seen that the claimant is alleged to be a retired medical officer fromkolikkara sanatana ayurveda hospital. taking into consideration the afore facts, i am inclined to fix the notional income of the appellant at ₹12,000/- (rupees twelve thousand only) under the said head. ii. loss of earnings though an amount of ₹24,000 was claimed by the appellanttowards the head loss of earnings, no amount was awarded by the tribunal. considering the injury sustained and avocation of the appellant, i find that, one month period can be considered for compensation under the head loss of earnings. accordingly, an amount of ₹12,000/- (rupees twelve thousand only) is granted under the said head.iii. loss of amenities though an amount of ₹10,000/- was claimed by the appellant under the said head, no amount was awarded by the tribunal. there were three days of in-patient treatment for the appellant due to the injury......

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 25TH DAY OF JUNE 2024 / 4TH ASHADHA, 1946 AGAINST THE AWARD DATED 26.06.2018 IN OPMV NO.424 OF 2011 ON THE FILE OF THE III ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR APPELLANT/PETITIONER: DR.PADMINI AGED 66 YEARS W/O.VASUDEVAN, RESIDING AT ADICHAZHIVALAPPIL HOUSE, ORUKKALIKKUNNU DESOM, KAIKKAD VILLAGE, PERUMPILAVU.P.O., THRISSUR DISTRICT. BY ADVS. T.C.SURESH MENON SRI.P.S.APPU SRI.A.R.NIMOD RESPONDENTS/RESPONDENTS:
1 RAFEEQ RAHMAN A. S/O.ABDULRAHMAN, RESIDING AT ADEEPART HOUSE, THRIKKANDIYOOR.P.O., THIROOR, MALAPPURAM-676104. 2 ANWAR K M., S/O.MOHAMMED K M., RESIDING AT KAYAL MADATHIL HOUSE, ANANTHAVUR.P.O., THIROOR, MALAPPURAM DISTRICT, PIN-676301. 3 NATIONAL INSURANCE COMPANY LIMITED, DIV.NO.10, FLAT NO.101-106, N.1, BMC HOUSE, CONNAUGHT PLACE, NEW DELHI. BY ADV SRI.P.G.JAYASHANKAR - STANDING COUNSEL FOR R3
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 25th day of June, 2024 This appeal has been filed by the claimant in OP(MV) No.424 of 2011 on the file of the Motor Accidents Claims Tribunal, Thrissur. The respondents herein are the respondents before the Tribunal.

2. According to the appellant, on 11.06.2010, at about

01.10 p.m, while the appellant was travelling as a pillion rider on a motorcycle bearing registration No. KL-08/AA-1218 through Perumpilavu - Kunnamkulam Public Road, a Maruti car bearing registration No.KL-55/A-4501 hit the motorcycle and thereby the appellant sustained serious injuries. The appellant approached the Tribunal claiming a total compensation of ₹1,27,500/-.

3. The respondent-insurer filed a written statement,

admitting the insurance policy, but disputing the quantum of compensation claimed. Before the Tribunal, no oral evidence was adduced by either side. Exts.A1 to A12 documents were marked on the side of the appellant. Ext.B1 document was marked on the side of the respondent. The Tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹1,34,863/- as compensation under different heads with interest @ 9% per annum from the date of petition, i.e, 03.03.2011, till realization, against the respondent being the

insurer. Dissatisfied with the quantum of compensation awarded by the Tribunal, the claimant has come up in appeal.

4. Heard the learned counsel for the appellant and the learned Standing Counsel for the respondent insurer.

5. The learned counsel for the appellant claims enhancement mainly under the following heads:- I. Notional income The claim of the appellant is that he was a retired

Ayurvedic doctor and was earning a monthly income of ₹12,000/- per month. Though the appellant had claimed an amount of ₹12,000 under the said head, the Tribunal had fixed the notional income of the appellant at ₹10,000/-. On a perusal of Ext.A1 FIS produced along with FIR, it is seen that the claimant is alleged to be a retired medical officer from

Kolikkara Sanatana Ayurveda Hospital. Taking into consideration the afore facts, I am inclined to fix the notional income of the appellant at ₹12,000/- (Rupees Twelve Thousand Only) under the said head. II. Loss of earnings Though an amount of ₹24,000 was claimed by the appellant

towards the head loss of earnings, no amount was awarded by the Tribunal. Considering the injury sustained and avocation of the appellant, I find that, one month period can be considered for compensation under the head loss of earnings. Accordingly, an amount of ₹12,000/- (Rupees Twelve Thousand Only) is granted under the said head.

III. Loss of amenities Though an amount of ₹10,000/- was claimed by the appellant under the said head, no amount was awarded by the Tribunal. There were three days of in-patient treatment for the appellant due to the injury. Considering the age and avocation of the appellant, I find that an amount of ₹10,000/- (Rupees Ten Thousand Only) can be awarded under the said head. IV.Compensation for continuing or permanent disability

Since, the notional income has been fixed at ₹12,000, the compensation for continuing or permanent disability has to be recalculated. The Tribunal has awarded 15% towards future prospects. Thus, the total amount payable under the head, ‘compensation for continuing or permanent disability’ will be ₹1,04,328/-. (13,800 x 12 x 7 x 9/100). Thus, an additional amount of ₹17,388/- (Rupees Seventeen Thousand Three Hundred and Eighty Eight Only) is granted under the said head. Thus, the impugned award of the Tribunal is modified as follows;

Amount Amount

Sl.                          Amount
                                        awarded by     modified    Total
No.    Head of Claim         claimed
                                        the Tribunal   in appeal   compensation

(in Rs.) (in Rs.) (in Rs.) Loss of earnings 1 from 11.06.2010 24,000 -- 12,000 12,000 to 10.08.2010 Partial loss of 2 36,000 -- - - earnings Transport to 3 1,500 1,500 (not 1,500 hospital (not

4      Extra nourishment     2,000      2,000                      2,000
       Damage to clothing                              (not
5                            1,000      1,000                      1,000
       and articles                                    modified)

(not

6      Medical expenses      5,000      32,423                     32,423
7      Personal assistance   1,000      1,000          (not        1,000
8      Compensation for      12,000     10,000                     10,000

(not pain and sufferings continuing or permanent 5,000 86,940 17,388 1,04,328 disability 10 loss of earning 15,000 - - - power 11 Loss of amenities 10,000 - 10,000 10,000 injury itself 12 1,00,000 - shortened expectancy in life 13 5,000 - future treatment Total 1,27,500 1,34,863 39,388 1,74,251

Accordingly, the appeal is allowed and the appellant/claimant is awarded an additional compensation of ₹39,388/- (Rupees Thirty Nine Thousand Three Hundred and Eighty Eight Only) over and above the compensation awarded by the Tribunal with interest @ 8% per annum from the date of petition till realization and proportionate costs. The respondent insurer shall deposit the said amount together with interest and costs within a period of two months from the date of receipt of a certified copy of this judgment. The claimant shall furnish copies of the PAN Card, ADHAAR Card and bank details before the respondent insurer

within a period of one month so as to enable the insurance company to make the deposit as ordered above. In case of failure to furnish details as above, it shall be open for the insurance company to deposit the said amount before the Tribunal. Upon such deposit being made, the entire amount shall be disbursed to the appellant at the earliest in accordance with law.

Sd/- SHOBA ANNAMMA EAPEN JUDGE RK

Same Court & Year Kerala · 2024 Same Parties Dr.Padmini vs Rafeeq Rahman a. Same Subject Land Acquisition Same Judge Honourable Mrs. Justice Shoba Annamma Eapen