Partly allowed

Nishamol P.N. v. Joji G.Ambattu

Kerala HC14 Jun 2011MACA/106/2006

Case brief

AI extract

What is this about?

The High Court appellate bench modified the Motor Accidents Claims Tribunal award by increasing compensation for permanent disability, loss of amenities, and pain and suffering, granting an additional Rs. 40,400 for the minor injured appellant and awarding overtime interest at 7.5%.

What did the court decide?

Awarded additional compensation of Rs. 40,400 and 7.5% interest from date of petition. Original award in other respects sustained.

Nishamol P.N. Vs Joji G.Ambattu — Motor Accident Claims | Kerala HC (2011)

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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 A.K.BASHEER &

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THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI

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TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933

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MACA.No. 106 of 2006()

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---------------------OPMV.1460/2000 of ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOTTAYAM

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APPELLANTS/PETITIONERS

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NISHAMOL.P.N, AGED 18 YEARS, D/O.NARAYANAN, PLAMMOOTTIL HOUSE, THAZHATHANGADI, KOTTAYAM.

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BY ADV. SRI.SURIN GEORGE IPE

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RESPONDENTS/RESPONDENTS:

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JOJI G.AMBATTU @ JOJI, AMBATTUTHARA HOUSE, THAZHATHANGADI.P.O, KOTTAYAM.

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THE NATIONAL INSURANCE COMPANY LTD., KOTTAYAM.

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R2 BY ADV. MR. MATHEWS JACOB, SENIOR ADVOCATE R2 BY MR. P.JACOB MATHEW

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/06/2011, 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.106 of 2006

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Dated this the 14^th day of June, 2011

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JUDGMENT

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A.K.Basheer, J.

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The appellant sustained certain injuries in a road traffic accident that occurred on July 5, 1996. She was 13 at the time of the accident. The disability certificate (Exhibit A13) revealed that the appellant had difficulty in walking and squatting, apart from pain in left hip. It was also noticed by PW3, the Doctor, who issued Exhibit A13, that there was tenderness over the left hip area and a long adherent tender and ugly scar on the side of the left hip. She had pain and restriction of movement of left hip. There was shortening of left femur and 20 degree fixed external rotation deformity and 30 degree fixed flexion deformity of hip. It was further observed by the Doctor that flexion was possible upto 90 degree only. Abduction and adduction movements were also absent. There was partial ankylosis of left hip. The Doctor, therefore certified that the appellant had sustained disability to the extent of 15%.

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Inspite of the above materials produced by the appellant, the Tribunal awarded only a sum of Rs.25,000/- as compensation under the head of permanent disability in addition to a sum of Rs. 10,000/under the head of loss of earning power. In our view, the compensation for permanent disability has to be calculated reckoning

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M.A.C.A. No.106 of 2006

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the notional monthly income of the appellant as Rs.2,000/-. The multiplier applicable shall be 14. The compensation payable can be calculated thus:

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2000X 14 X 15/100 X 12=50,400/-

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The amount of Rs.35,000/- awarded by the Tribunal under the head of disability and loss of earning power shall be deducted from the above sum.

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The Tribunal awarded only a sum of Rs.10,000/- under the head of loss of amenities. In our view, she is entitled to get Rs.25,000/- towards loss of amenities. Similarly, the appellant has been awarded a sum of Rs.20,000/- for pain and suffering. Under this head the appellant shall be entitled to get Rs.30,000/.

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Thus the appellant shall be entitled to get additional compensation to the tune of Rs.40,400/-. The appellant shall be entitled to get interest @ 7.5% in lieu of 6% awarded by the Tribunal from the date of petition till realization. In all other respects, the award passed by the Tribunal is sustained.

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A.K.BASHEER, JUDGE.

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P.Q.BARKATH ALI, JUDGE.

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rkc

Nishamol P.N. v. Joji G.Ambattu

Case brief

What is this about?

What did the court decide?

Nishamol P.N. v. Joji G.Ambattu

Case brief

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