Partly allowed

P.a.Nishad v. M.R.Saigal

Kerala HC10 Jun 2014MACA/153/2008

Case brief

AI extract

What is this about?

In this motor accident claims appeal, the High Court of Kerala allowed the appellant to recover an additional compensation of ₹17,000/- comprising specific amounts for inadequate medical expenses, pain and suffering, and discomforts, with interest.

What did the court decide?

Appellant entitled to recover additional compensation of ₹17,000/- with interest from the respondent/insurance company.

P.a.Nishad Vs M.R.Saigal — Motor Accident Claims | Kerala HC (2014)

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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 & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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TUESDAY, THE 10TH DAY OF JUNE 2014/20TH JYAISHTA, 1936

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MACA.No.153 of 2008 (D)

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AGAINST THE AWARD IN OP(MV)2604/2001 of M.A.C.T., ERNAKULAM DATED 02-07-2007

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APPELLANT/PETITIONER:

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P.A.NISHAD, S/O.ABDUL RASAK, KOLLAMPARAMBIL HOUSE, VENNALA KARA, VENNALA P.O. KOCHI - 682 028, ERNAKULAM DISTRICT.

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BY ADVS.SRI.S.V.BALAKRISHNA IYER (SR.)

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SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN

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RESPONDENTS/RESPONDENTS:

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M.R.SAIGAL, S/O.RAGHAVAN, NAGAPPADITHARAYIL HOUSE, S.S.BHAVAN, EROOR P.O., THRIPPUNITHURA.

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SUDARSANAN.T.T., S/O.THANKAPPAN, AGED 38, THOPPIL HOUSE, NEAR EROOR KAPPATTIKAVU TEMPLE, EROOR P.O., THRIPUNITHURA.

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NATIONAL INSURANCE COMPANY LTD., KOTTAYAM DIVISIONAL OFFICE, P.B.NO.633, CSI SQUARE BAKKER HILL, KOTTAYAM - 686 001.

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R3 BY ADV. SRI.MATHEWS JACOB (SR.) R3 BY SC- SRI.P.JACOB MATHEW R1 BY ADV. SRI.A.MOHAMMED

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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HARUN-UL-RASHID & ANIL K.NARENDRAN, JJ.

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M.A.C.A.No.153 of 2008

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-------------------------------------------------------------------Dated this the 10^th day of June, 2014

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JUDGMENT

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HARUN-UL-RASHID, J.

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The claimant is the appellant. The appeal is directed against the judgment and decree dated 02/07/2007 in O.P. (M.V.)No.2604 of 2001 on the file of the Motor Accidents Claims Tribunal, Ernakulam. The appellant/claimant met with a motor vehicle accident on 27/11/2000. The claimant was travelling in a stage carriage. The stage carriage hit on a cable post and as a result the claimant was thrown out from the vehicle to the road. The petitioner sustained severe bodily injuries. The Tribunal after considering claim of ₹2,00,000/held that the petitioner is entitled to recover a sum of ₹40,000/- from the respondent with 7.5% interest per annum from the date of petition till the date of award and thereafter at 8% per annum till realisation with proportionate costs. The quantum of compensation awarded by the Tribunal is under

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M.A.C.A.No.153 of 2008

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challenge. The parties are hereinafter referred to as arrayed in the Original Petition.

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The claimant is a registered Advocate Clerk of this Court. Pursuant to the accident, he underwent treatment in the Ernakulam Medical Centre, Palarivattom. Ext.A2 is the copy of the wound certificate issued from the hospital. Ext.A2 certifies that he sustained abrasion on (R) shoulder, contusions on (R) side of chest, (R) hand, fractures of 8^th rib (R) side and 3^rd metacarpal bone (R) hand. Ultrasound scan showed laceration on (R) lobe of liver. Petitioner was discharged from the hospital on 4/12/2000. POP cast was applied and was removed on 26/12/2000 could be seen from Ext.A9 treatment certificate issued from the hospital. Ext.A7 series are the medical bills evidencing treatment expenses of ₹16,707.29. Out of the total 127 bills, item Nos.52 to 127 are found to have no nexus with the treatment period. Claim to that extent was disallowed by the Tribunal. Tribunal awarded ₹1,500/- towards expenses for transportation, hospitalization, attendant expenses, extra nourishment and damage to clothings. We find

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M.A.C.A.No.153 of 2008

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that ₹1,500/- as compensation fixed by the Tribunal under these heads is not sufficient nor adequate. We are of the view that the claimant is entitled to additional compensation of ₹2,000/- under these heads. For pain and suffering the Tribunal awarded ₹15,000/-. Considering the injuries sustained by the claimant due to the accident, his age (29 years) future treatment and pain and suffering he had undergone during all these periods, we re-fix compensation for pain and suffering 25,000/-. Deducting ₹ ₹15,000/-, claimant is entitled to ₹10,000/- as additional compensation. For discomforts and inconvenience the Tribunal granted ₹5,000/-. For the same reasons we are of the view that the amount awarded by the Tribunal under this head is not adequate. We re-fix the said amount as ₹10,000/-. Deducting ₹5,000/-, the claimant is entitled to additional compensation of ₹5,000/-. Thus the claimant is entitled to total additional compensation of ₹17,000/- with interest.

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In the result, this appeal is partly allowed. The appellant/claimant is entitled to realize ₹17,000/- as additional

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M.A.C.A.No.153 of 2008

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compensation from the respondent with 7.5% interest per annum from the date of petition till the date of award and thereafter at 8% per annum till realization. The claimant is allowed to withdraw the compensation. The insurance company shall deposit compensation amount awarded by the Tribunal and the additional compensation awarded by this Court less the amount deposited within a period of two months. No order as to cost.

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HARUN-UL-RASHID, JUDGE

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ANIL K.NARENDRAN, JUDGE

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skj

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True copy P.A to Judge

P.a.Nishad v. M.R.Saigal

Case brief

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P.a.Nishad v. M.R.Saigal

Case brief

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