In an appeal against an award by the Motor Accident Claims Tribunal, Ernakulam, the High Court held that the compensation granted to the petitioner for injuries sustained in a motor accident was adequate. The appeal was dismissed.
Motor Accident Claims Appeal No. 1222 of 2014 dismissed with no order as to costs.
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 B.KEMAL PASHA
WEDNESDAY, THE 11TH DAY OF JUNE 2014/21ST JYAISHTA, 1936
MACA.No. 1222 of 2014 ()
AGAINST THE AWARD IN OPMV 538/2009 OF MOTOR ACCIDENT CLAIMS TRIBUNAL , EKM DATED 07-02-2014
APPELLANT(S)/PETITIONER:
SREENATH GOPI, AGED 30 YEARS S/O.GOPI, SREECHAKRAM HOUSE UDAYAMPEROOR P.O. MANAKUNNAM VILLAGE KANAYANNOOR TALUK, ERNAKULAM DISTRICT.
BY ADVS.SRI.MATHEWS K.PHILIP
SMT.T.MANASY
RESPONDENT(S)/.RESPONDENT:
1. RAJEEV P.P S/O.PURUSHAN PARAYIDATH THAZHATHU VEETIL HOUSE, POOTHOTTA P.O PUNNAKAVELIBAGAM SOUTH PARAVUR, MANAKUNNAM VILLAGE 682 307
2. NEW INDIA ASSURANCE COMPANY LTD.
R BY SRI.A.A.ZIYAD RAHMAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.KEMAL PASHA, J.
M.A.C.A. No. 1222 of 2014
............................................................... Dated this the 11th day of June, 2014
J U D G M E N T
Dissatisfied with the award dated 07.02.14, the petitioner in O.P.(MV) No.538/2009 of the Motor Accident Claims Tribunal, Ernakulam, has come up in appeal.
M.A.C.A. 1222 of 2014
-: 2 :-
seems that towards compensation for pain and sufferings the Tribunal has awarded an amount of ₹8,000/- and towards compensation for loss of amenities, the Tribunal
has granted an amount of ₹5,000/-. Regarding loss of earnings, considering his monthly income as ₹4,000/-, two months' income has been granted as compensation, thereby granting an amount of ₹8,000/- under that head. Considering the nature of injuries, it seems that the amounts granted in the impugned award is adequate compensation and the same does not suffer from any illegality, irregularity or impropriety. Matters being so, the appeal is devoid of merits, and it is only to be dismissed, and I do so.
In the result, this M.A.C.A. is dismissed. There is no order as to costs.
Sd/- B. KEMAL PASHA, JUDGE
ul/- [True copy] P.S. to Judge
2 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal in O.P.(MV) No.538/2009 warrants an interference on appeal.
Whether the amounts granted for pain and suffering, loss of amenities, and loss of earnings are adequate.
SREENATH GOPI
RAJEEV P.P
NEW INDIA ASSURANCE COMPANY LTD.
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
