Partly allowed

Shaiju v. Girija Vallabhan.P.K.

Kerala HC28 Jan 2014MACA/1526/2005

Case brief

AI extract

What is this about?

This motor accident claims appeal challenged the compensation awarded by the Tribunal for injuries sustained in a 1996 collision. The High Court found the awarded compensation too low and ordered an additional amount with a modified interest rate.

What did the court decide?

Appellant allowed to realise additional compensation of 15,000/- with interest at 9% p.a.; Insurance Company to deposit within two months.

Shaiju Vs Girija Vallabhan.P.K. — Motor Accident Claims | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶4

TUESDAY, THE 28TH DAY OF JANUARY 2014/8TH MAGHA, 1935 MACA.No. 1526 of 2005 ( ) --------------------------

¶5

AGAINST THE AWARD IN OPMV 155/1999 of MACT, IRINJALAKUDA DATED 30-04-2005

¶6

APPELLANT/PETITIONER IN OPMV.:

¶7

SHAIJU, S/O.CHANDRAN, THUMPARATHY HOUSE, KHANNA NAGAR P.O. MUKUNDAPURAM TALUK.

¶8

BY ADVS.SRI.P.V.BABY SRI.A.N.SANTHOSH

¶9

RESPONDENTS/RESPONDENTS.:

¶10

GIRIJA VALLABHAN P.K. PULIKKAL HOUSE, THOPPIL P.O. (DELETED)

¶11

SUDARSANAN, MAMBILLY HOUSE, CHALAKKUDY.

¶12

MANAGER, UNITED INDIA INSURANCE CO.LTD., SOUTH JUNCTION, CHALAKKUDY. (RESPONDET NO.1 IS DELETED FROM THE PARTY ARRY AT THE RISK OF THE APPELLANT AS PER ORDER DATED 1/1/2014 IN I.A.NO.3292/13 IN M.A.C.A.NO.1526/2005.)

¶13

R2 BY ADV. SRI.SHEEJO CHACKO R3 BY ADV. SRI.P.JAYASANKAR

¶14

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

HARUN-UL-RASHID & ALEXANDER THOMAS,JJ.

¶16

M.A.C.A. NO. 1526 OF 2005

¶17

DATED THIS THE 28TH DAY OF JANUARY, 2014

¶18

JUDGMENT

¶19

Harun-Ul-Rashid, J.

¶20

Appellant is the petitioner in O.P.(MV).No.155/1999 dated 30/4/2005 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. The Tribunal by judgment dated 30/4/2005 partly allowed the claim petition allowing the claimant to realise a sum of 36,196/- with interest at 6% per annum from the date of filing the petition upto the date of deposit with proportionate costs from respondents 3 to 5. A direction was issued to the 5^th respondent-Insurance Company to deposit the amount within one month. The quantum of compensation is under challenge.

¶21

The accident was on 1/3/1996. The claim was for 1.5 lakhs. Petitioner was aged 20 years at the time of accident. It is submitted that he is a photographer-cum-artist getting a monthly

¶22

-2-

¶23

M.A.C.A.No.1526/2005

¶24

income at the rate of 3,000/- at the time of the accident. The

¶25

accident occurred when the motorcycle in which the appellant was travelling as a pillion rider, collided with an autorickshaw. The Tribunal fixed the monthly income of the appellant at the rate of 1,500/- finding that the claimant failed to produce any reliable evidence in support of his claim for monthly income at the rate of 3,000/-. As a result of the accident, the petitioner sustained injuries. He was admitted in the hospital as an inpatient from 1-31996 to 14-3-1996. Exts.A6 dated 1-3-1996 and A7 dated 3/10/2004 are wound certificate and medical certificate respectively issued from the St.James Hospital, Chalakudy. Petitioner sustained lacerated would, abrasion and fracture. Ext.A11 is the disability certificate. The doctor, who issued Ext.A11 was examined as PW2. The disability certificate shows that the claimant sustained functional disability such as difficulty to squat, to sit with cross legged to run, to jump, to turn around on left knee to climb up and

¶26

-3-

¶27

M.A.C.A.No.1526/2005

¶28

down Taking into consideration the nature of injury sustained by him, the period of treatment undergone. Considering the functional disability the Tribunal held that the petitioner sustained 7% permanent disability. Taking into consideration the monthly income at the rate of 1,500/- the Tribunal granted two months' loss of earning at the rate of 1,500/- per month. Petitioner produced medical bills for 4,337/-. The said amount was granted towards medical expenses. Towards pain and suffering the Tribunal awarded 5,000/- and 2,000/- towards loss of amenities and happiness in life. On the basis the monthly income at the rate of 1,500/- the Tribunal awarded a sum of 20,160/- towards the compensation for permanent disability. From the facts noticed above, it is seen that the compensation awarded under various heads is at the lower side. In a case where the petitioner was treated as an inpatient for 16 days and considering the fracture and other injuries sustained by him, the award of `5,000/- towards pain

¶29

-4-

¶30

M.A.C.A.No.1526/2005

¶31

and suffering, `2,000/- towards loss of amenities and happiness in

¶32

life and `20,160/- towards permanent disability requires

¶33

modification. This Court is inclined to allow an additional compensation of `15,000/- as a consolidated amount of compensation . The rate of interest granted by the Tribunal is 6% per annum. That also requires modification. For the additional amount of compensation awarded by this Court the rate of interest is fixed as 9% per annum.

¶34

In the result, the appeal is partly allowed. The appellant is allowed to realise an additional compensation of `15,000/- with interest at the rate of 9% per annum from the date of filing the petition till realisaltion. The Insurance Company shall deposit the amount of additional compensation within a period of two months from today. In all other respects, the findings recorded by the Tribunal shall stand.

¶35

-5-

¶36

M.A.C.A.No.1526/2005

¶37

HARUN-UL-RASHID,

¶38

Judge.

¶39

ALEXANDER THOMAS, Judge.

¶40

kcv.

Shaiju v. Girija Vallabhan.P.K.

Case brief

What is this about?

What did the court decide?

Shaiju v. Girija Vallabhan.P.K.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

National Insurance Company Ltd. Vs Baiju

Mathukutty T.Thomas Vs Merisha Joseph

Newton Simethy Vs P.K.Vincent

State of Kerala Vs Sheela John

Raju a Fernandes Vs Vijimol Vincent