The High Court of Kerala considered an appeal challenging the Motor Accidents Claims Tribunal award of Rs. 66,750 for a 22-year-old patch worker injured in a lorry accident. The Court held that the delayed quantum was reasonable based on injury severity.
The appeal was dismissed; no enhanced compensation was granted.
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 A.K.BASHEER &
THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI
MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932
MACA.No. 379 of 2003(C)
----------------------OPMV.1340/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM
APPELLANT/PETITIONER IN O.P(MV):
N.J.VARGHESE, AGED 22 YEARS, S/O. JOHN, NAVALINGAL HOUSE, KEMPIRI ROAD, PANDIKUDY, KOCHI-2.
BY ADV. SRI.R.SUDHISH
SMT.MANJU SUDHISH
RESPONDENT(S): RESPONDENTS IN O.P(MV):
ADV. SRI.S.MAMMU FOR R3
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
A.K. BASHEER & P.Q. BARKATH ALI, JJ.
M.A.C.A. 379 of 2003
Dated: JUNE 14, 2010
JUDGMENT
Barkath Ali, J.
In this appeal under sec.173 of the Motor Vehicles Act the claimant in OP(MV) 1340/1996 on the file of the Motor Accidents Claims Tribunal, Ernakulam, challenges the judgment and award of the Tribunal, dated, December 13, 2001 awarding a compensation of Rs.66,750/- for the loss caused to the claimant on account of the injuries sustained by him in a motor accident.
M.A.C.A. 379 of 2003
2
The claimant claimed a compensation of Rs.4 lakhs.
M.A.C.A. 379 of 2003
3
from Ext.A4, copy of the wound certificate:-
Ext.A10 certificate of disability issued by the doctor shows that he has a disability of 40%.
The break up of the compensation awarded is as under:-
| transportation to hospital | - | Rs.500/- |
|---|---|---|
| attendant's expenses | - | 3,500/- |
| extra nourishment |
- | 1,700/- |
| damage to clothings | - | 500/- |
| loss of earnings | - | 4,500/- |
| treatment | - | 35,895/- |
| pain and suffering | - | 15,000/- |
| difficulties, discomfort and other inconvenience in the enjoyment of life. |
- - |
5,000/- ----------------- Rs.66,595/- |
| rounded off |
- |
Rs.66,750/- ========== |
M.A.C.A. 379 of 2003
4
and the period of treatment the claimant has undergone, we feel that the compensation awarded by the Tribunal is reasonable. That being so, we find that the claimant is not entitled to any enhanced compensation. Consequently this appeal has to be dismissed.
In the result, the appeal is dismissed. No costs.
A.K. BASHEER, JUDGE
P.Q. BARKATH ALI, JUDGE
mt/-
1 issue framed by the court
Whether the appellate court should enhance the compensation awarded by the Tribunal given the claimant's injuries.
N.J.VARGHESE
INDIRA RAVINDRAN
S.A.JOSEPH
THE ORIENTAL INSURANCE COMPANY LTD.
A.K. BASHEER
P.Q. BARKATH ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
