In this motor accident appeal, the High Court of Kerala allowed the appeal against the Motor Accident Claims Tribunal's award of Rs. 2,950. The Court fixed new compensation at Rs. 7,950, ordering the insurers to pay an additional Rs. 5,000 with interest.
Appellant awarded additional compensation of Rs. 5,000 with interest at 7% per annum from date of award.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR
THURSDAY, THE 1ST MARCH 2007 / 10TH PHALGUNA 1928
M.F.A.No.1160 of 1994(E)
O.P.(M.V).NO.1109/1990 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL,
PALAKKAD.
APPELLANT /PETITIONER:-
---------------------------------RAVEENDRAN SON OF VELAYUDHAN, MUCHIKKAL HOUSE, VALLIKKODE AMSOM, PALGHAT.
BY ADV. SRI.T.C.MOHANDAS
SMT.M.PREETHA SRI.T.M.SUNIL
SMT.S.CHITHRA
RESPONDENTS /RESPONDENTS:-
R3 BY ADV. SRI.M.JACOB MURICKAN
R6 BY ADV. SMT.P.A.REZIYA.
THIS MISCELLANEOUS FIRST APPEAL HAVING BEEN FINALLY HEARD ON 01/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
K.Padmanabhan Nair,J.
M.F.A.No.1160 of 1994-E
Dated, this the 1st day of March, 2007
JUDGMENT
The 2nd respondent was the driver of the stage carriage
bus in which the appellant was travelling at the time of accident. The insurer had no contention that the driver was not holding a valid driving licence. The vehicle was covered with a valid policy of insurance also. Hence 2nd respondent is removed from the party array and the Miscellaneous First Appeal itself is heard and disposed of.
M.F.A.No.1160 of 1994
student, was travelling in a stage carriage bus bearing registration No.KLG 9115 on 26.5.1990. When the bus reached Pudupariyaram, it hit against another stage carriage bus bearing registration No.KEF 6570 and the appellant sustained injuries. According to the appellant, the accident occurred due to the negligence of the drivers of both the busines. The respondents filed written statements denying their liability. The Tribunal, after trial, found that the accident occurred due to the rash or negligent driving by the drivers of both the vehicles and apportioned the liability at 50:50. That finding has become final. I do not find any reason to interfere with that finding.
M.F.A.No.1160 of 1994
has awarded only Rs.2,000/- for pain and suffering. Considering the fact and circumstances of the case, I am of the view that the Tribunal ought to have awarded an amount of Rs.5,000/- towards pain and suffering. The petitioner was awarded only an amount for Rs.750/- for treatment. I am of the view that the Tribunal ought to have awarded an amount of Rs.2,500/- on that count. For incidental expenses, instead of Rs.200/- I am awarding an amount of Rs.450/-. So, the total compensation payable to the petitioner is fixed at Rs.7,950/-. The Insurers had already deposited Rs.2,950/-. So, the balance Rs.5,000/- is also to be paid by the Insurers in equal proportions with interest at the rate of 7% per annum from the date of award.
In the result, the appeal is disposed of in the following manner: The appellant is awarded an additional compensation of Rs.5,000/- (Rupees five thousand only) with interest at the rate of 7% per annum from the date of award. The amount shall be paid by respondents 3 and 6 in equal proportions within two months from today.
K.Padmanabhan Nair Judge
vku/-
1 issue framed by the court
Whether the Tribunal erred in awarding insufficient quantum of compensation for pain and suffering, treatment, and incidental expenses.
Raveendran Son of Velayudhan
M. Sasindran
Anandan
The Oriental Insurance Co. Ltd.
N. Kunjali Haji
United India Insurance Co. Ltd.
K. Padmanabhan Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
