Jithin Kumar M. vs C.C.Shibu

Type Court Judgment Court Kerala Decided Jul 31, 2023

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Citation: sooperkanoon.com/1356132
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Jul 31, 2023
Case Number: MACA/2608/2015

Parties & Advocates

Appellant / Petitioner

Jithin Kumar M.

Respondent

C.C.Shibu

Excerpt

.....the amount awarded by the tribunal is found to be so meagre and it did not reflect the actual entitlement. loss of earning granted comes to rs.1,000/- for ten days. he had undergone ten days of inpatient treatment, and considering the nature of the injury sustained, he is entitled to get at least one month's loss of earning by applying the notional income available as on the date of the alleged accident in 2008, hence entitled to get an amount of rs.6,500/- for lossof earning as against rs.1,000/-. the petitioner is also entitled to extra nourishment charges as well as bystander expenses, for which an amount of rs.500 and 1000 were granted by the tribunal, which reflects a proper balance and hence deserves no interference. while considering the nature of injury sustained, i.e., nasal bone fracture, there may be a chance of recurring pain on account of the nasal bone fracture periodically. taking into account of the nature of the nasal bone fracture and the chances of recurring pain, it is fit and proper to grant an amount of rs.12,000/- on account of pain and suffering. so the total amount entitled by the petitioner would stand modified to rs.22,000/-. it will carry interest at the rate ordered by the tribunal, excluding the period of delay of 665 days.the appeal will stand allowed accordingly. sd/- p.somarajan judge rkr-31/07

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945 AGAINST THE AWARD DATED 16-07-2013 IN O.P.(M.V)NO.506/2010 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD APPELLANT/PETITIONER: JITHIN KUMAR M., AGED 30 YEARS, S/O.BALACHANDRAN.K, RESIDING AT THALIYAMMADA HOUSE, PODAVOOR P.O., CHEEMENI VILLAGE, HOSDURG TALUK,KASARAGOD DISTRICT- 671 313. SRI.ABU MATHEW SRI.AJU MATHEW RESPONDENTS/RESPONDENTS:
1 C.C.SHIBU, AGED 43 YEARS, S/O.CHACKO, CHERUPLAVIL HOUSE, KALLODY, EDAVAKA P.O., MANANTHAVADY, WAYNAD DISTRICT, PIN - 670645. 2 THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, VAZHUTHAKAD, THIRUVANANTHAPURAM DISTRICT, PIN 695 014. SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPORATION- FOR R2 SRI.JOHN MATHEW, SC, KERALA STATE ROAD TRANSPORT CORPORATION - FOR R2 ALEX ANTONY SEBASTIAN P.A. - FOR R2
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Notice served to R1 in the connected case MACA Nos.2800/2015, 2798/2015 and 2799/2015 and as such, service of R1 declared complete.

2. It is a case wherein the victim sustained

a fracture on nasal bone and he had undergone treatment as an inpatient for a period of ten days, right from 11.12.2008 to 21.12.2008. The amount awarded by the Tribunal is found to be so meagre and it did not reflect the actual entitlement. Loss of earning granted comes to Rs.1,000/- for ten days. He had undergone ten days of inpatient treatment, and considering the nature of the injury sustained, he is entitled to get at least one month's loss of earning by applying the notional income available as on the date of the alleged accident in 2008, hence entitled to get an amount of Rs.6,500/- for loss

of earning as against Rs.1,000/-. The petitioner is also entitled to extra nourishment charges as well as bystander expenses, for which an amount of Rs.500 and 1000 were granted by the Tribunal, which reflects a proper balance and hence deserves no interference. While considering the nature of injury sustained, i.e., nasal bone fracture, there may be a chance of recurring pain on account of the nasal bone fracture periodically. Taking into account of the nature of the nasal bone fracture and the chances of recurring pain, it is fit and proper to grant an amount of Rs.12,000/- on account of pain and suffering. So the total amount entitled by the petitioner would stand modified to Rs.22,000/-. It will carry interest at the rate ordered by the Tribunal, excluding the period of delay of 665 days.

The appeal will stand allowed accordingly. Sd/- P.SOMARAJAN JUDGE rkr-31/07

Same Court & Year Kerala · 2023 Same Parties Jithin Kumar M. vs C.C.Shibu Same Judge Honourable Mr. Justice P.Somarajan