The Kerala High Court allowed a motor accident claims appeal in part, modifying the Tribunal's award by refixing the claimant's monthly income to Rs.5,000 and increasing compensation for loss of amenities to Rs.10,000, granting an additional Rs.22,360.
An additional compensation of Rs. 22,360 granted to the claimant with interest at 7% per annum.
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 HARUN-UL-RASHID
WEDNESDAY, THE 23RD DAY OF JANUARY 2013/3RD MAGHA 1934
MACA.No. 2372 of 2012 ()
(AGAINST THE ORDER/JUDGMENT IN OPMV.1213/2010 of M.A.C.T.,KOZHIKODE DATED 27-06-2012)
APPELLANT/APPELLANT/PETITIONER:
SURESH @ SURENDRAN S/O. VELU,RESIDING AT ROSA QUARTERS KUZHAMPURATH PARAMBA,P.O.KOTOOLI,KOZHIKODE.
BY ADV. SRI.AVM.SALAHUDIN
RESPONDENT(S)/RESPONDENTS/RESPONDENTS:
P.O.FAROOK COLLEGE,KOZHIKODE-673632.
R3 BY ADV. SRI.P.G.GANAPPAN
R BY SRI.M.A.GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
al.
HARUN-UL-RASHID,J.
M.A.C.A No.2372 OF 2012
Dated this the 23rd day of January 2013
JUDGMENT
The claimant is the appellant. The appeal is directed against the award in O.P.(MV) No. 1213/2010 dated 27.6.2012 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode. The Tribunal partly allowed the claim and found that the claimant is entitled to realise Rs. 71,408 with interest at 7% per annum. The Insurance Company is directed to deposit the award amount. There is a direction to the Insurance Company to recover the said amount from the first respondent.
For loss of amenities and enjoyment of life the Tribunal granted Rs.5,000/- as compensation. This Court is of the view that compensation under this head is inadequate considering the prolonged medical treatment and the injuries sustained to the claimant. Therefore, this Court find that Rs.10,000/- is reasonable compensation for loss of amenities and enjoyment of life. Therefore, this Court refix the compensation under this head as Rs. 10,000/-. Deducting the amount already granted, the claimant is entitled to an additional compensation of Rs.5,000/-. Thus the claimant is entitled to a total additional compensation of Rs. 22,360/-.
In the result, the appeal is partly allowed. The Award passed by the Tribunal is modified. The claimant is entitled to a total additional compensation of Rs.22,360/- with the same rate of interest. In all other respects, the Award passed by the Tribunal shall stand. No order as to costs.
Sd/- HARUN-UL-RASHID JUDGE
al/-
2 issues framed by the court
Whether the monthly income and loss of earning compenstated by the Tribunal were reasonable given the claimant's profession.
Whether the compensation for permanent disability and loss of amenities was adequate considering the extent of injuries.
1 provisions across 1 enactments
Suresh @ Surentran S/o. Velu
National Insurance Company Limited
Niyas C.K. S/o. Hamza C.K.
Mahesh P. S/o. Madhavanan Nair
Harun-ul-Rashid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
