The High Court enhanced compensation awarded to a B.Tech student injured in a motor accident. The Court ruled that the Tribunal erred in denying disability compensation solely because the appellant was a student, allowing calculation based on an estimated monthly income.
Enhanced compensation of `13,960/- with interest at 7.5% from the date of petition granted.
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
MONDAY, THE 9TH DAY OF JUNE 2014/19TH JYAISHTA, 1936 MACA.No. 666 of 2013 ()
-----------------------OPMV 738/2007 of MACT, IRINJALAKUDA
APPELLANT/PETITIONER:-:
ANUJA ABDUL MANAF, D/O.ABDUL MANAF, RESIDING AT ARAKKAL HOUSE KODUNGALLUR P.O., LOKAMALLESWARAM, THRISSUR DISTRICT. BY ADVS.SRI.T.C.SURESH MENON SRI.P.S.APPU SRI.A.R.NIMOD
RESPONDENTS/RESPONDENTS:-:
R2,R5 BY ADV. SRI.P.JACOB MATHEW R3 BY ADV. SRI.GEORGE MATHEW R2 & R5 BY SRI.M.A.GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.KEMAL PASHA J.
Dated this the 9th day of June, 2014
JUDGMENT
Dissatisfied with the amount of compensation awarded by
the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(M.V.)
No.738 of 2007, the petitioner has come up in appeal.
injuries in a motor vehicle accident. She sustained (i) Fracture proximal phalanx ® thumb, and (ii) Abrasions on right shoulder and knee. Debridement, and K-Wire fixation was done. The Tribunal has granted an amount of 19,024/- only as compensation, which is inclusive of an amount of 6,924/- being
the medical expenses supported by bills.
the appellant and the learned counsel, Shri.P.Jacob Mathew for
respondents 2 and 5.
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granting compensation under that head. Of course, it is true that she is a student. Therefore, an amount of 1,500/- can be taken as her monthly income. The multiplier to be taken is 18. Therefore, the appellant is entitled to get an amount of 12,960/- as compensation towards disability. An amount of 4,000/- only is granted towards loss of amenities, whereas the same can be enhanced to 5,000/-. Therefore, a total amount of `13,960/- is granted to the appellant as enhanced compensation.
compensation was granted, this court is of the view that the same are not liable to be interfered with.
In the result, this appeal is allowed in part and an amount of `13,960/- is granted as enhanced compensation to the appellant with interest at the rate of 7.5% from the date of petition. As the first respondent had no valid driving license at the time of accident, the Tribunal had ordered the payment of compensation by the
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second respondent with a permission to the second respondent to recover the same from the first respondent. The said condition
stands effective in this judgment also.
Sd/- B.KEMAL PASHA , JUDGE
dl
// TRUE COPY //
PA TO JUDGE
2 issues framed by the court
Whether the Motor Accidents Claims Tribunal was justified in not awarding any compensation for 9% disability on the ground that the appellant was a non-earning student.
Whether the total compensation awarded by the Tribunal was adequate.
ANUJA ABDUL MANAF
BAIJU
NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, ENNAKATTIL ESTATE M.C.ROAD
JAISON MATHEW
T.J.THOMAS
NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, CHANGANASSERY
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
