Allowed

Shyam @ Syamkumar v. J.Usha

Kerala HC14 Jun 2010MACA/727/2003

Case brief

AI extract

What is this about?

The High Court allowed the appeal and modified the Motor Accident Claims Tribunal's award by increasing the multiplier from 16 to 17 for calculating loss of earning capacity, thereby granting an additional Rs. 6,000 with interest to the injured claimant.

What did the court decide?

The monetary award is modified to provide an additional amount of Rs. 6,000 with 9% interest calculated from the date of application.

Shyam @ Syamkumar Vs J.Usha — Motor Accident Claims | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI

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MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932

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MACA.No. 727 of 2003 ------------------------OPMV.299/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR

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APPELLANT/CLAIMANT:

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SHYAM @ SYAMKUMAR, S/O. KESAVAN NAIR, KONDAPURATH HOUSE, 1/463, 'KRISHNA' KIZHAKKUMBATTUKARA, THRISSUR.

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BY ADV. SRI.GOVIND K.BHARATHAN, SENIOR ADVOCATE SMT.M.HEMALATHA SRI.MANU MOHAN

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RESPONDENT(S): RESPONDENTS:

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J. USHA, W/O. R. JAGANATHAN, NEW NO.310, OLD NO.90, SULLIVAN STREET, COIMBATORE-1.

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RAJESH. C., S/O. CHELLAPPAN, KALIAMKANDAN HOUSE, KINASSERY P.O., PALAKKAD. (REMOVED)

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RESPONDENT NO.2 IS REMOVED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT – VIDE ORDER DT.7/10/2009 IN IA.2728/09.

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UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, R.S. PURAM, COIMBATORE.

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ADV. SRI.JACOB MATHEW

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.K. Basheer & P.Q. Barkath Ali, JJ.

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- - - - M.A.C.A. No. 727 of 2003

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- - - - Dated this the 14^th day of June, 2010

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Judgment

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Basheer, J:

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Appellant is the claimant in an application filed under Section 166 of the Motor Vehicles Act. He suffered a fracture on the neck of right femur and fracture of both bones of right leg in a road traffic accident that occurred on October 18, 1998. According to the appellant, he was knocked down by a car bearing registration No. TN-37/L 0699 owned by respondent No.1 and driven by respondent No.2. The said vehicle was Insured with respondent No.3 at the time of the accident. Appellant was aged 30 and was working as an Architect, earning a monthly income of Rs.10,000/-. He claimed a total sum of Rs.5 lakhs towards compensation from the respondents.

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The appellant got himself examined as Pw.1 and Exts.A1 to A16 were marked on his side. The Tribunal after considering the oral and documentary evidence available on record directed the respondents herein to pay to the appellant an amount of Rs.2,45,900/- with 9% interest thereon from the date of application till the date of realisation. The said award is under challenge in this appeal. The primary grievance is the inadequacy

IMACA.727/2003

: 2 :

of compensation.

Sri.Kunhikannan, learned counsel for the appellant submits that the appellant is confining his challenge only to the multiplier taken by the Tribunal. He points out that the Tribunal has taken the multiplier as only 16 which in fact ought to have been 17 going by the second Schedule under the Act. We find considerable force in the above contention, since admittedly the appellant was aged 32 at the time of the accident. The Tribunal had taken the monthly income as Rs.5,000/- and loss of earning power was assessed as 10%. The Tribunal had arrived at the figure of Rs.96,000/- under the head of loss of earning capacity by adopting a multiplier of 16. Now applying 17 as the multiplier, the amount payable under the head of disability would come to Rs.1,02,000/- in lieu of Rs,.96,000/-. The award stall stand modified to the above extent. In other words, the appellant shall be entitled to get an additional amount of Rs.6,000/- with 9% interest thereon.

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The appeal is allowed to the above extent.

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A.K. Basheer Judge.

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P.Q. Barkath Ali Judge.

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an.

Shyam @ Syamkumar v. J.Usha

Case brief

What is this about?

What did the court decide?

Shyam @ Syamkumar v. J.Usha

Case brief

What is this about?

What did the court decide?

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