IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 MACA.No. 1489 of 2007() ----------------------- OPMV.209/1999 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): -------------- P.PADMINI,W/O.LATE PURUSHOTTAMAN, PANDARAKANDY HOUSE,P.O MANKAVU,KALOOR ROAD, KOZHIKODE DISTRICT - 673 007. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENT(S): --------------- 1. M/S.ANAND BUS TRANSPORT,5,CO-OPERATIVE COLONY,METUPALAYAM,TAMIL NADU,(OWNER OF BUS NO. TN.38.Z.9299). 2. K.KUMAR,AGED NOT KNOWN,S/O.KANNAPPAN, 1/84,NALLOTHKUZHI,POLLACHI TALUK,COIMBATORE, TAMIL NADU,(DRIVER OF BUS NO.TN.38.Z.9299). 3. UNITED INDIA INSURANCE CO.LTD, BANK ROAD,COIMBATORE - 18,TAMIL NADU, (INSURER OF BUS NO.TN.38.Z.9299). 4. T.S.SATHEESHKUMAR,"SIVALAYAM",DEVI NAGAR BILATHIKULAM,ERNAHIPALAM,KOZHIKODE DISTRICT, (OWNER OF TATA SUMO NO.KL.11.F.7376) 5. DEVI,W/O.KUTTANN,ATHADI HOUSE, P.O, MANKAVU,NEAR KALOOR ROAD,KOZHIKODE DISTRICT, (LEGAL HEIR OF DECEASED DRIVER A.K.RAJESH OF TATA SUMO NO.KL.11.F.7376). 6. ORIENTAL INSURANCE CO.LTD, BRANCH OFFICE,MAVOOR ROAD,CALICUT. (INSURER OF TATA SUMO NO.KL.11.F.7376). ADV. SRI.A.R.GEORGE FOR R.6 SRI.P.SANKARANKUTTY NAIR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. ----------------------------------------------- M.A.C.A. No. 1489 of 2007 --------------------------------------------- Dated, this the 13th day of November, 2009 J U D G M E N T P.R. Ramachandra Menon, J. Petitioner in OP(MV) 209/1999 is the appellant before this Court. The accident was occurred on 15.08.1998 at about 11.15 a.m. The appellant along with the members of her family were travelling in a Tata Sumo bearing No. KL-11/F 7376 from Coimbatore to Mettupalayam and when the vehicle reached at Santhimedu, Periyanaikarpalayam, a bus bearing No. TN-38-Z 9299, came from the opposite side and hit against the other vehicle, causing fatal injuries leading to death of 11 passengers in the Tata Sumo, besides the injuries sustained by the appellant. 2. Both the sides did not adduce any oral evidence and the only evidence consists of Exts.A1 to A184 produced from the part of the claimant and Ext.C1, which is the disability certificate issued by the Medical Board. After considering the evidence of record, the Tribunal arrived at a finding that the accident occurred due to the negligence on the part of the driver of the bus and hence that the claimant was entitled to be compensated by the owner, driver and Insurer of the bus. 2. The claim was preferred by the appellant stating that she was having a monthly income of Rs.2,000/- by virtue of her engagement as an MACA No. 1489 of 2007 2 Assistant beautician. Reckoning provable monthly income as Rs.1,800/- the compensation in respect of the certified permanent disability of 40% was worked out as Rs.1,29,600/-. The Tribunal also awarded amounts under other permissible heads (Rs.30,000/- towards the pain and suffering, Rs.40,000/- towards hospitalisation charges, bystander's expenses and medical expenses, Rs.11,000/- towards incidental expenses, Rs.500/- towards damage to clothing, Rs.10,000/- towards future expenditure, Rs.8,000/- towards loss of earning, Rs.15,000/- towards loss of enjoyment in life and a sum of Rs.20,000/- towards loss of amenitites and inconvenience); thus fixing the total figure at Rs.2,64,500/-, which was directed to be satisfied with interest at the rate of 6% per month, mulcting the liability upon the shoulders of the insurer. The case of the appellant is that, the amount awarded by the Tribunal, particularly towards the medical expenses, is without any regard to the actual facts and figures and hence sought to be interfered by this Court. 3. We heard the learned counsel appearing for both the sides and perused the records. On going through the medical bills particularly Exts.A18 to A184, it was noted that, considerable force was there in the submissions made from the part of the appellant. In the said circumstances, we permitted both the learned counsel appearing for the appellant as well as for the Insurance Company to go through the medical bills and to ascertain the actual facts and figures; particularly in view of the observation in the MACA No. 1489 of 2007 3 impugned Award that the total amount covered by the medical bills was only Rs.28,712/- (about 10% of the amount actually covered by Ext.A18 to A184). After going through the bills, both the learned counsel (after giving credit to the doubted bills/inconsistencies and discrepancies) submitted that the total amount covered by the above bills comes to Rs.2,07,448/-; out of which Rs.28,712/- has been awarded by the Tribunal. Thus going by the undisputed facts and figures, the appellant is very much entitled to get the balance amount of Rs. 1,78,736/-. We find that the amount awarded under all the heads are very much adequate and require no modification under any circumstance. 4. In the facts and circumstances, the appellant is awarded a further sum of Rs.1,78,736/- as balance payable under the medical bills produced. The said amount will carry interest at the rate of 7% per annum from January, 2001 till the date of payment. We direct the 3rd respondent Insurance Company to satisfy the said amount, as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment. The Appeal is allowed to the above extent. No cost. P.R. RAMAN, JUDGE P. R. RAMACHANDRA MENON, JUDGE dnc