Partly allowed

Kousalya v. Naduthodiyil Radhakrishnan

Kerala HC10 Jan 2008MFA/409/2002

Case brief

AI extract

What is this about?

The Kerala High Court allowed a first appeal filed by an injured motor accident victim challenging the compensation quantum. The single judge directed the insurer to pay an additional Rs. 7,500 for loss of amenities based on the appellant's age of 40.

What did the court decide?

Appellant allowed Rs. 7,500 as additional compensation with 6% interest per annum from the date of petition till realisation. Insurer directed to deposit.

Kousalya Vs Naduthodiyil Radhakrishnan — Motor Accident Claims | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR

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THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929

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MFA.No. 409 of 2002()

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OPMV.1345/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI

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APPELLANT: PETITIONER

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KOUSALYA W/O.KANNAN,AGED 40 YEARS, ORUMADATHIL HOUSE,KALATHINPADI,P.O.PULPETTA

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BY ADV. SRI.S.V.BALAKRISHNA IYER (Sr.) SRI.P.B.KRISHNAN

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RESPONDENTS: RESDPONDENTS

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NADUTHODIYL RADHAKRISHNAN @ UNNI, S/O.DAMODARAN,PANDIKAD P.O.,(DRIVER)

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K.ABDUL KABEER S/O.ALAVIKUTY, KUTTASSERY HOUSE,P.O.THUVUR (OWNER)

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ORIENTAL INSUURANCE CO. LTD.,CALICUT.

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R3 BY ADV. SRI.VPK.PANICKER

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THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K. PADMANABHAN NAIR ,J.

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M.F.A.No.409 of 2002

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Dated, this the 10^th day of January, 2008 JUDGMENT

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Notice to respondents 1 and 2 dispensed with and the appeal itself is heard and disposed of after hearing counsel for the appellant and third respondent insurer.

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The petitioner in O.P.(MV) No.1345/1997 on the file of the Motor

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Accidents Claims Tribunal, Manjeri is the appellant. The appellant sustained injuries in a motor vehicle accident. She sustained the following injuries:

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Fracture ribs 3^rd , 4^th , 5^th and 6^th left

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Fracture ilium right

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Fracture pubic tubercle left

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Appellant filed Original Petition claiming compensation, impleading the owner, driver and insurer of the vehicle. The respondents disputed the negligence alleged against the driver. Quantum of compensation claimed also disputed. Tribunal found that the accident occurred due to the negligence of the driver of the vehicle. The Tribunal awarded a compensation of Rs.33,500/- and directed the insurer to pay the compensation awarded. Aggrieved by the quantum of compensation fixed by the Tribunal, the petitioner herself has filed this appeal.

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The only question arising for consideration is whether the appellant

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is entitled to get any additional compensation. The appellant was aged 40 at the

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MFA No.409/2002

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date of accident. She sustained fracture on her ribs, ilium right and pubic tubercle left. Considering all aspects of the matter I am of the view that in addition to the compensation already awarded the Tribunal ought to have awarded an amount of Rs.7,500/- more on the ground of loss of amenities since the appellant is a 40 year old lady. I do not find any reason to interfere with the quantum of compensation awarded on other counts.

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In the result, appeal is allowed in part. Appellant is allowed to an amount of Rs.7,500/- as additional compensation with 6% interest per annum from the date of petition till the date of realisation. Third respondent insurer is directed to deposit that amount also. On deposit the appellant can withdraw the entire amount.

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K. PADMANABHAN NAIR, JUDGE

cks

MFA No.409/2002

K.PADMANABHAN NAIR, J.

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M.F.A.No.409 of 2002

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JUDGMENT

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January, 2008.

Kousalya v. Naduthodiyil Radhakrishnan

Case brief

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Kousalya v. Naduthodiyil Radhakrishnan

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