High Court allowed an appeal by a motor accident claimant regarding inadequate compensation. The court enhanced the award for loss of amenities and pain and suffering, finding the Tribunal's award insufficient for the fractures sustained.
The Tribunal's award modified; compensation enhanced by Rs. 13,000/-; insurer to deposit the amount.
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
TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932
MACA.No. 591 of 2003()
---------------------OPMV.886/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM
APPELLANT(S): APPELLANT/PETITIONER:
-----------------------------------
PRASANTH KUMAR, AGED 30 YEARS, S/O. KUMARAN, "USHUS", ANTHIMADAM, OLAVAKODE P.O., PALAKKAD DISTRICT.
BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.JACOB SEBASTIAN
RESPONDENT(S): RESPONDENTS:
---------------------------
1. T.P.SHOUKATH ALI, S/O. ABDU, THAKKAMPURAYAN HOUSE, PERIMBADARI P.O., MANNARKKAD (OWNER OF THE BUS KL-9/F 1789). (DELETED)
2. C.H.ABDUL AZEEZ, AGED 40 YEARS, S/O. HAMZA, CHELAKATHU THODIVEEDU, NAYADIKUNNU, PERIMBADARI P.O., MANNARKKAD (DRIVER OF THE BUS KL-9/F 1789) ( DELETED)
3. UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, B.P. BUILDING, 24, MILL ROAD, COIMBATORE (INSURER OF THE BUS).
Respondents 1 and 2 deleted from the party array at the risk of the appellant vide order dated 18-9-09 in I.A.No.2681/2009.
ADV. SMT.K.SHERIN MOHAN FOR R3
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
M.A.C.A.No.591 OF 2003
Dated this the 8th day of June, 2010
JUDGMENT
Barkath Ali, J.
In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.886/2001 of Motor Accidents Claims Tribunal, Ottappalam challenges the judgment and award of the Tribunal dated September 4, 2003 awarding a compensation of Rs. 35,150/- for the loss caused to him on account of the injuries sustained in a motor accident.
On May 15, 2001 at about 3.20 p.m., the claimant was riding his
motor cycle bearing Reg.No.KL 9H/3576 from Olavakkode to Alanallur. When he reached at Koottopadam, a bus bearing Reg.No.KL-9F/1789 came at a high speed and dashed against the motor cycle of the claimant. The claimant sustained serious injuries. According to the claimant, accident occurred due to the rash and negligent driving of the offending bus by second respondent. First
MACA.No.591/2003 2
respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending bus are jointly and severally liable to pay compensation to the claimant.
MACA.No.591/2003
3
entitled to any enhanced compensation.
from Ext.A5, the copy of the wound certificate issued from the hospital.
He was admitted in the hospital on May 15, 2001 and was discharged on May 29, 2001.
The break up of the compensation awarded is as under :
| Pain and suffering | - Rs. 14,000/- |
|---|---|
| Bystander expenses | - Rs. 1,650/- |
| Medical bills | - Rs. 1,500/- |
| Loss of income | - Rs. 10,000/- |
| Extra nourishment | - Rs. 3,000/- |
| Transportation expenses | - Rs. 2,000/- |
| Loss of amenities | - Rs. 3,000/- |
MACA.No.591/2003 4
In the result, the claimant is entitled to an additional compensation of Rs. 13,000/-. He is entitled to interest @ 9% per
MACA.No.591/2003
5
annum from the date of petition till realisation and proportionate cost. The third respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the date of receipt of a copy of this judgment. The award of the Tribunal
is modified to the above extent.
The Appeal is disposed of as found above.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
sv.
MACA.No.591/2003 6
1 issue framed by the court
Whether the compensation awarded by the Tribunal for loss of amenities and pain and suffering was adequate given the nature of injuries sustained.
1 provisions across 1 enactments
PRASANTH KUMAR
UNITED INDIA 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
