Partly allowed

Dhanya Thomas v. Dilbag Singh & Ors.

Kerala HC2 Aug 2010MACA/74/2008

Case brief

AI extract

What is this about?

The Kerala High Court disposed of two Motor Accident Claims Appeals. The court dismissed the appeal in MACA 74/08, upholding the Tribunal's award as reasonable. In MACA 191/08, the court enhanced compensation by Rs.5,000 for pain and sufferings and loss of amenities due to brain injury, directing the insurer to deposit the amount with interest.

What did the court decide?

MACA 74/08 dismissed; in MACA 191/08, additional compensation of Rs.5,000 with 7.5% interest awarded; insurer directed to deposit within 60 days.

Dhanya Thomas Vs Dilbag Singh & Ors. — Motor Accident Claims | Kerala HC (2010)

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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 M.N.KRISHNAN

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MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932

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MACA.No. 74 of 2008(B)

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--------------------OPMV.528/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM

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APPELLANT(S): /CLAIMANT

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-----------------------------------

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DHANYA THOMAS(MINOR)16 YEARS, D/O THOMAS, REP. BY HER MOTHER MARY THOMAS, KOLLAMPARAMBIL HOUSE, 48/2478, NEAR POST OFFICE, VYTTILA, KOCHIN-682019.

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BY ADV. SRI.RAJIT

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SRI.RANJIT BABU

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RESPONDENT(S): RESPONDENTS

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-----------------------------------------

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1. DILBAG SINGH, S/O BHRURAM, CHATHOR, JIND DISTRICT, HARIYANA STATE.

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2. SUBASH, S/O AMARNATH, P.O.CHATTOR, JIND DISTRICT, HARIYANA STATE.

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3. THE ORIENTAL INSURANCE CO. LTD., SOBHA T.S.M. COMPLEX, RAILWAY STATION ROAD, PALAKKAD.

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ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/08/2010, ALONG WITH MACA NO. 191 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.N. KRISHNAN, J.

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= = = = = = = = = = = = = = M.A.C.A. NOs. 74 & 191 OF 2008 = = = = = = = = = = = = = = = Dated this the 2^nd day of August, 2010.

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J U D G M E N T

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MACA 74/08 is preferred against the award of the Motor Accidents Claims Tribunal, Ottapalam in O.P.(MV)528/05 and

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the other appeal is preferred against O.P.(MV)538/05. Heard the learned counsel for the appellant as well as the respondent. In MACA 74/08 the total compensation awarded in the basic award is Rs.15,501/-.

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The claimant, a minor girl aged 14 years, sustained a lacerated wound on the forehead and injuries on the elbows. She was treated in the Elite Mission Hospital for a period of 2 days and the Tribunal has awarded really a reasonable compensation of Rs.15,501/- for the said injuries. The Tribunal granted Rs.7,000/- for pain and sufferings, Rs.1,000/- as extra nourishment. It allowed the actual medical expenses of Rs.5,201/- and therefore the amount awarded is just and reasonable and so it does not call for any interference.

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M.A.C.A. Nos. 74 & 191 OF 2008 -:2:-

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In MACA 191/08 which is preferred against the

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award in O.P.(MV)538/05, the mother of the child in the other case is the claimant. She is a 45 year old lady and she had sustained a lacerated wound over the left upper eyelid and lacerated wounds on the parietal region. She was in the hospital for two days. It is submitted that the scan report reveal multiple small hemorrhagic contusion on the right temporal lob and expended Rs.10,295 towards medical expenses. Disability certificate was produced showing it as 10%. The Tribunal did not accept it for the reason that evidence was lacking to show that there was loss of memory or reasons for blurring of vision. But it is a fact that a person had sustained a brain injury. Therefore it would have taken some time for coming to normalcy. So taking into consideration those aspects I am inclined to award Rs.3,000/- more towards pain and sufferings and Rs.2,000/more towards loss of amenities thus making an additional compensation of Rs.5,000/-.

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M.A.C.A. Nos. 74 & 191 OF 2008

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-:3:-

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In the result MACA 74/08 is dismissed and in MACA 191/08 the claimant is awarded an additional compensation of Rs.5,000/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment.

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Sd/M.N. KRISHNAN, JUDGE.

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ul/-

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[true copy]

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P.A. To Judge.

Dhanya Thomas v. Dilbag Singh & Ors.

Case brief

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Dhanya Thomas v. Dilbag Singh & Ors.

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