Partly allowed

Francis v. Thankachan @ Thankan

Kerala HC21 May 2014MACA/2357/2007

Case brief

AI extract

What is this about?

In an appeal against an OPMT award, the High Court enhanced compensation for a driver injured in a road accident. The court increased monthly income assessment and awards for loss of earning and loss of amenities, granting additional compensation. The tribunal award was modified and modified amounts were directed to be paid with interest.

What did the court decide?

Additional compensation of `18,000 granted with interest at 8% p.a. from date of filing till realisation, plus interest on Tribunal award.

Francis Vs Thankachan @ Thankan — 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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WEDNESDAY, THE 21ST DAY OF MAY 2014/31ST VAISAKHA, 1936

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MACA.No. 2357 of 2007 ( )

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AGAINST THE AWARD IN OPMV 94/2005 of MACT,THODUPUZHA DATED 30-04-2007

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APPELLANT/PETITIONER:

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FRANCIS, S/O.DEVASSIA, CHITTEKKATTU HOUSE, VELLAMTHANAM KARA UDUMBANNOOR VILLAGE, THODUPUZHA TALUK.

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BY ADV. SRI.T.V.GEORGE

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RESPONDENTS/RESPONDENTS:

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THANKACHAN @ THANKAN, S/O. AUGUSTHY, KEEMATTATHIL HOUSE, VELLAMTHANAM KARA THATTAKKUZHA.P.O., UDUMBANNOOR VILLAGE THODUPUZHA TALUK.

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NEW INDIAN ASSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, MUVATTUPUZHA.

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SIBY JOHN, MOTHIYIL, (DELETED) VELIYANOOR MEENACHIL TALUK. (R3 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT VIDE ORDER DATED 31.03.2014 IN IA.992/2014 IN MACA.2357/2007)

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R2 BY ADV. SRI.M.RAJAGOPALAN

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21-05-2014, 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.2357 OF 2007

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DATED THIS THE 21ST DAY OF MAY, 2014

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JUDGMENT

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Harun-Ul-Rashid, J.

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Claimant is the appellant. The appeal is preferred against the award dated 30^th April, 2007 on the file of the Motor Accidents Claims Tribunal, Thodupuzha. The Trinunal awarded `55,000/- as compensation for the injuries sustained by the

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claimant in the motor vehicle accident. The claim was for `1,15,000/-.

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Learned counsel for the appellant submits that the injured was a driver by profession. He was earning a monthly income of `4,000/-. It is alleged that while the injured was standing by the side of the road, the offending vehicle came in a rash and negligent manner knocked him down causing serious injuries. The injured was hopsitalised for a period of 12 days.

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-2-

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M.A.C.A.No.2357/2007

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Exts.A1 to A5, B1, B2 and X1 are recorded as evidence. Ext.A3 is

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the accident register-cum-wound certificate. In Ext.A3 the following injuries are noted:

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“i) Abnormal mobility of right leg with laceration. ii) Fracture of both bones of right leg. ”

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Tribunal fixed the monthly income as `2,000/-.

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Considering the fact that the accident occurred on 4/9/2003 and that the injured is a driver by profession, we are of the view that the monthly income assessed is too low. Therefore, we fix the monthly income as 4,000/-. Assessing the monthly income as 4,000/- the compensation for loss of earning for three months is re-fixed as 12,000/-. Thus, the claimant is entitled to additional compensation of 6,000/-. Taking into account the fact that the claimant sustained fracture of both bones of right leg, the period of treatment, pain and suffering he had undergone, the bystander expenses awarded as 2,000/- is at the lower side. We re-fix the same as 4,000/- less the amount already awarded. For pain and suffering `15,000/- was already awarded. We are of the view that the said amount is

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-3-

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M.A.C.A.No.2357/2007

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reasonable. For discomforts, inconveniences and loss of amenities and enjoyment in life, the Tribunal awarded only 10,000/-, which is not reasonable and fair. Therefore, the claimant is entitled to additional compensation of 10,000/-.

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In the result, the appeal is partly allowed. The impugned order is modified. The claimant is entitled to additional compensation of `18,000/- with interest at the rate of 8% per annum from the date of filing of the claim petition till realisation. The claimant is also entitled to interest at the rate of 8% per annum for the amount awarded by the Tribunal. Insurance Company shall deposit the amount within a period of two months from today. All other directions issued by the Tribunal shall stand.

Sd/-

HARUN-UL-RASHID,

Judge.

Sd/ANIL K.NARENDRAN, Judge.

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kcv.

Francis v. Thankachan @ Thankan

Case brief

What is this about?

What did the court decide?

Francis v. Thankachan @ Thankan

Case brief

What is this about?

What did the court decide?

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