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2010 Supreme(Ker) 54

High Court of Kerala
THE HONOURABLE MR. JUSTICE R. BASANT & THE HONOURABLE MRS. JUSTICE M.C. HARI RANI
Kalesh
Versus
Sudheer & Others
M.A.C.A.No.159 of 2010
Decided on : 21-01-2010

Advocates Appeared: For the Appellant:Jeena Joseph & G.D. Panicker, Advocates. For the Respondent:

Headnote:

Motor Vehicles Act, 1988 - Sections 168, 166 - Application for Compensation - Award of Claim Tribunal - Held, Court suggest that in every case where there is a disability, the Tribunal must invariably (subject of course to just exceptions) direct the claimant to be present personally for the Tribunal to observe the disability - Court will not have to entertain an unsubstantiated argument/contention that the litigant was not permitted to examine a witness - Court direct the Registry to communicate these observations/directions to all the Motor Accident Claims Tribunals for strict compliance hereafter - Order Accordingly

Judgment :

R. Basant, J.

Heard the learned counsel for the appellant. The appeal is admitted. Issue notice to the respondents. Call for the records. Put up after service is complete and records are received, for hearing and disposal in the usual course.

2. While admitting this appeal, after going through the impugned award, we feel compellingly persuaded to make certain general observations and issue directions.

3. Our experience in this jurisdiction reveals that the Tribunals, before concluding the awards, do not summarise the heads of claim, amounts claimed under each head, amounts awarded and the basis. This leads to the Tribunals committing the indiscretion of omitting to consider claims raised under certain heads as also claims, which though not specifically raised, do arise for consideration. Such omissions can be avoided effectively if Tribunals follow the thumb rule of summarizing the claims staked and the claims awarded in a tabular form at the end of the award.

4. We do also often come across cases where additions are not made properly and errors are committed in working out the total amount. All these, we are satisfied, can be effectively eliminated by Tribunals following strictly the practice of summarizing the result of adjudication in a tabular statement before closing the award in an organized manner without fail.

5. Such a summary statement, if it can be part of every award would ensure proper calibration of the amounts and a ready reckoner for the Tribunal to help the Tribunal to cross check the amounts awarded before final pronouncements of the award. The appellate court would be greatly benefited as it shall have the summary of the award available at fingertips to evaluate the challenge. In these days when many (at least some) counsel – senior as well as junior, unfortunately start arguments for admission without even a note, such summary will go a long way to help the appellate court to conserve and to make optimum use of the available judicial time.

6. We do in these circumstances suggest that in every award, there must be a summary of claims raised and allowed, in the following form to eliminate the possibility of such errors, omissions and inadequacies.

Sl. No.

Head of claim

Amount claimed (in Rupees)

Amount awarded (in Rupees)

Basis-vital details in a nut shell

1.

Loss of earning (Total)

A1

B1

Rs.1250/- x 2 months

2.

Loss of earning (partial)

A2

B2

Rs.1,250 x 2 months x ½

3.

Medical and miscellaneous expenses

A3

B3

Rs. ……(acceptable bills for Rs. …. Produced)

4.

Future treatment

A4

B4

5.

Bystander expenses

A5

B5

Rs. …x… days 1 person

5. 6.

Transportation expenses

A6

B6

Rs…….(Bills for Rs…. Produced)

6. 7.

Extra nourishment

A7

B7

Total period of treatment….months

7. 8.

Damage to clothing, etc.

A8

B8

Rs….

9.

Pain and suffering

A9

B9

Rs…

.…. Major fractures suffered Inpatient for …. Days ….. surgical procedures undergone

10. Loss of dependency A10 B10 Rs….. x 2/3 x 12 x Multiplier

11. Loss of consortium A11 B11 Couple aged … and …. Years at the time of death

12. Loss of love and affection A12 B12 Widow+3 minor children-aged mother

13. Loss of estate A13 B13

14. Loss/reduction in earning capacity A14 B14 Rs…. (monthly income) x 12x PREC/100 x Multiplier) (PREC-Percentage of Reduction in Earning Capacity)

15.

Loss of amenities and conveniences, etc.

A15

B15

13. 16.

Any other heads

A16 B16

Total

Rs…..

Rs….. Rs…../along with interest at the rate of …… % p.a from … to …..

(Please note that entries in the basis column are only illustrations or examples)

7. We note that practically in every case where there is a physical disability and a claim for compensation for reduction in earning capacity, there is a dispute about the extent of physical disability. The Tribunals mark the Disability Certificates without examining the author thereof. This leaves the claimant guessing as to whether he need/should examine the expert who issued the same. Invariably in such cases a contention is raised that opportunity to examine the



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