2015 Supreme(Ker) 276
IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ.
SAMSEER K. – Appellant
Vs.
M.SATHEESANAND ORS. – Respondent
M.A.C.A No.1846 of 2008
Decided On : 09.04.2015
For the Appellant : SRI.SUDEESH KUMAR RAMAKRISHNA, SRI.SUNIL KUMAR A.G
For the Respondent: SRI.C.K.SREEJITH, SRI.N.S.MOHAMMED USMAN
The main legal point established in the judgment is the assessment of just and fair compensation for personal injury under the Motor Vehicles Act, 1988, considering the extent of injuries, disability, ongoing treatment, and the impact on the appellant's future life and marriage prospects.
Headnote:
compensation - personal injury - Motor Vehicles Act, 1988 - Section 166 - Section 168 - Section 169 - Section 171 - Section 173
Fact of the Case:
The appellant, a 15-year-old student, sustained serious injuries in a road accident. The Tribunal awarded a total compensation of Rs.2,30,210. The appellant appealed, claiming that the compensation was not assessed correctly.
Finding of the Court:
The court found that the appellant was entitled to just and fair compensation due to the serious injuries that deprived him of a normal life. The court modified the award and granted a total compensation of Rs.4,67,150, along with 9% interest from the date of the petition.
Issues: Assessment of compensation for personal injury, future treatment, and permanent disability.
Ratio Decidendi: The court considered the appellant's medical documents, disability certificate, and ongoing treatment to assess the extent of injuries and disability. The court also emphasized the impact of the injuries on the appellant's future life and marriage prospects.
Final Decision: The appeal was allowed, and the court directed the Insurance Company to deposit the enhanced compensation amount within 3 months, along with 9% interest from the date of the petition. The parties were to bear their respective costs.
Ramachandran Nair, J.
In this appeal filed by the claimant, his grievance is that the Tribunal has not assessed the compensation correctly. The appellant was aged 15 years at the time of the accident and was studying in the 9th standard. The Tribunal has granted a total amount of Rs.2,30,210/-.
2. The accident occurred on 23.03.1999 while he was proceeding on a bicycle through Feroke Bazar towards Ramanattukara side in Kozhikode. The driver of a stationary Jeep bearing Reg.No.KL-11-H-5468 which was parked on the side of the road abruptedly moved the same. The appellant was thrown out of his bicycle after the jeep hit the same and he fell underneath a moving stage carriage bus bearing Reg.No.KLM 8739. He sustained serious injuries and was taken to the Medical College Hospital, Kozhikode. The total amount claimed was Rs.4,50,000/-.
3. The learned counsel for the appellant submitted that very serious injuries have been caused in the accident and before this Court the appellant has produced various documents including the disability certificate issued by the Medical Board of the Medical College Hospital, Kozhikode, dated 12.07.2011 wherein the percentage of disability is shown as 44%. It is submitted that his treatment is being continued even now.
4. The major injury suffered was to the left hip. He had also sustained extensive avulsion of skin and circutaneous tissues over right upper thigh and back. He was examined as PW1 and gave a detailed account of the treatment. From the Farook Hospital, he was taken to the Medical College Hospital. He had to undergo 3 surgeries. Open reduction and nail fixation were done. Since he had sustained crush injuries under the tyre of the bus, the injuries were all very serious in nature. He was treated as an inpatient for a period of 144 days.
5. It is after the initial treatment, he was referred to the Medical College Hospital, for expert treatment. Ext.A5 is the certificate issued by the Principal of Govt. Ganapat Vocational Higher Secondary School showing his academic details. Ext.A6 shows the details of injuries sustained by him, which include fracture of pelvis and blunt injury to abdomen. Ext.A8 also supports the case of sustaining serious injuries. The Tribunal has noted that his situation is most pathetic and even after prolonged treatment, the fracture sustained to pelvis was not properly united. The total destruction of femoral head of right side with proximal migration was noticed. Urethra was ruptured with disfunction. Urological and erectile disfunction was certified at 20% and the other permanent disability due to malunion of fracture of pelvis is assessed at 30%. All these have prompted the Tribunal to record that he is in the most pathetic situation. But the Tribunal did not rely upon the certificates issued by individual doctors.
6. Para.9 shows that he was referred to the Medical Board in the year 2006 and 20% disability was assessed due to the injuries sustained to the hip and blunt injury sustained to abdomen. The same is marked as Ext.C1.
7. The Tribunal has assessed the compensation in the following manner:
Sl.No.
Head of claim
Amt.
1
Hospitalization and incidental charges
Rs. 21,750.00
2
Medical expense including Ext.A7 series bill
Rs. 20,000.00
3
Pain and suffering
Rs. 25,000.00
4
Disfiguration of body
Rs. 10,000.00
5
Loss of expectation in life
Rs. 15,000.00
6
Transportation
Rs. 2,000.00
7
Disability
Rs. 45,000.00
8
Loss of amenity (loss of sexual ability) as per Ext.C1
Rs. 20,000.00
Total
Rs.1,58,750.00
8. Heard the learned counsel on both sides. The learned counsel for the appellant submitted that the Tribunal should have awarded amount towards future treatment as well as for the continuing and permanent disabi