Partly allowed

R.Haripriya v. the Branch Manager, the New India Assurance Company Ltd.

Kerala HC22 Jan 2013MACA/734/2012

Case brief

AI extract

What is this about?

The appellant challenged the Motor Accident Claims Tribunal award. The High Court re-fixed monthly income to Rs. 6,000/-, increased disability and pain/suffering compensation, added Rs. 6,000 for loss of earnings, and totalled an additional Rs. 29,720 liable by the respondent along with a modified interest rate.

What did the court decide?

The claimant is entitled to an additional compensation of Rs. 29,720/- plus interest modified to 7.5% per annum to be deposited within one month.

R.Haripriya Vs the Branch Manager, the New India… — Motor Accident Claims | Kerala HC (2013)

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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 HARUN-UL-RASHID

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TUESDAY, THE 22ND DAY OF JANUARY 2013/2ND MAGHA 1934

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MACA.No. 734 of 2012 (E)

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AGAINST THE REVIEW AWARD IN I.A.NO.2939/2009 IN OPMV.536/2004 of MACT, KALPETTA DATED 16-11-2011

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APPELLANT/PETITIONER:

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R.HARIPRIYA, W/O.SIDHARTHAN, AGED 55 YEARS, PULIYATH VEEDU, VAKAYATTUPOYIL, ANJUKUNNU, MANANTHAVADY POST.

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BY ADV. SMT.CELINE JOSEPH

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RESPONDENT/2ND RESPONDENT:

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THE BRANCH MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE, SILVER PLAZA, I.G.ROAD, CALICUT - 673 001

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R BY ADV. SRI.P.G.GANAPPAN R BY SRI.A.A.ZIYAD RAHMAN

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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HARUN-UL-RASHID, J.

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M.A.C.A.No.734 Of 2012

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Dated this the 22^nd day of January, 2013.

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J U D G M E N T

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The claimant is the appellant. The appeal is directed against the award dated 16.11.2011 in O.P(MV).No.536/2004 on the file of the M.A.C.T., Kalpetta. The Tribunal allowed the claimant to realise ` 45,170/- with interest @ 6% per annum.

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The amount awarded includes ` 19,700/- under the

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head medical bills. The petitioner is a teacher by profession and is aged 47 years. She met with the accident that took place on 25.3.2004 while she was travelling as a pillion rider in the scooter ridden by the 1^st respondent. The Tribunal held that the accident occurred due to the rash and negligent driving of the 1^st respondent, driver of the scooter. The Tribunal also found that the vehicle was insured with the 3^rd respondent under a package policy, that the risk of pillion rider is also covered under the policy and hence the insurance company is liable to pay the compensation. The claimant is aggrieved by the quantum of compensation awarded by the Tribunal.

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M.A.C.A.No.734 Of 2012

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The petitioner claimed that her monthly income was

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8,000/- at the time of the accident. The Tribunal fixed 3,000/-

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as monthly income for the reason that the claimant was not able to produce any documents to prove her income and occupation. The claimant produced copy of the salary certificate before this Court along with I.A.No.197/2013 which certifies that she was drawing a monthly salary of 10,341/- during March, 2004. Taking into consideration the salary certificate and her case that her monthly income is 8,000/- per month, the monthly income is re-fixed as 6,000/- per month. Ext.A4 is the disability certificate. The Tribunal did not accept th percentage of disability certified by the doctor. The Tribunal found that there is 4% disability. The Tribunal worked out the compensation for 4% disability @ 18720/- taking into consideration Rs.3,000/- as monthly income. Compensation for 4% disability worked out on the basis of monthly income @ 6,000/- per month will come to 37,440/-. Deducting the amount of 18,720/- already awarded under the head, the claimant is entitled to additional compensation of 18,720/- under the head disability. For pain

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::3::

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M.A.C.A.No.734 Of 2012

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and suffering, the Tribunal granted only 5,000/-. Fixation of the said amount is not adequate and reasonable and therefore, this Court re-fix the compensation for pain and suffering as 10,000/-. Thus, the claimant is entitled to additional compensation of 5,000/- under the head pain and suffering. Ext.A3 is the wound certificate issued from the Leo Hospital, Kalpetta. Ext.A3 would show that the claimant sustained type I open fracture (R) Humerus C Radian N.T. and L.W (R) elbow 5 x 2 cm. Taking into consideration the injury sustained by her and the fact that the claimant was inpatient for 12 days in the hospital, the claimant is entitled to a compensation of Rs.6,000/for loss of earnings for one month. The Tribunal failed to grant any amount under the head loss of earnings. Thus, the claimant is entitled to an additional compensation of 29,720/-.

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In the result, the appeal is partly allowed. The impugned award is modified. The claimant is entitled to an additional compensation of ` 29,720/-. The Tribunal granted interest @ 6% per annum. This Court find that the rate of interest can be modified and re-fixed @ 7.5% per annum. The interest granted

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::4::

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M.A.C.A.No.734 Of 2012

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by the Tribunal is modified to 7.5% per annum. The respondent insurance company shall deposit the additional compensation with the modified interest before the Tribunal within a period of one month from today. In all other respects the decree passed by the Tribunal shall stand.

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HARUN-UL-RASHID, Judge.

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bkn/-

R.Haripriya v. the Branch Manager, the New India Assurance Company Ltd.

Case brief

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R.Haripriya v. the Branch Manager, the New India Assurance Company Ltd.

Case brief

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