The High Court allowed the appeal in part, setting aside the Tribunal's assessment of compensation. The court increased the award by Rs. 20,000 for loss of earnings, pain and sufferings, and loss of amenities, and fixed the interest rate at 9% per annum.
Compensation enhanced by Rs. 20,000; interest fixed at 9% per annum.
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 P.B.SURESH KUMAR
MONDAY, THE 9TH DAY OF MARCH 2015/18TH PHALGUNA, 1936
MACA.No. 109 of 2013 ()
OP(MV) NO. 691/2002 OF IIND ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL COURT, KOLLAM DATED 21-12-2009
APPELLANT/PETITIONER :
NAVAS, AGED 28 YEARS S/O.ABUBEKAR KUNJU, KALEELIL KIZHAKKATHIL VEEDU MENAMPALLY, MUKUNDAPURAM P.O., CHAVARA KOLLAM.
BY ADV. SRI.THYPARAMBIL THOMAS THOMAS
RESPONDENTS / RESPONDENTS :
1. THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, K.S.R.T.C. BHAVAN THIRUVANANTHAPURAM-695 001.
2. K.T.SOMAN
3. V.VENUKUMAR S/O.VASUDEVAN PILLAI, THEKKINAZHIKATHU, KIZHAKKATHIL KOTTAKKAM, CHAVARA, KOLLAM-691 583.
4. THAJUDEEN KUNJU A., S/O.ABDUL RAHUMAN KUNJU, VELIYIL VEEDU, CHOLA PANMANA, KOLLAM-691 583.
5. DIVISIONAL MANAGER
*RESPONDENT NO. 2 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 27/2/2015 IN IA NO. 706/15 IN MACA 109/13.
R1 BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA, SC
SMT.BIMALA BABY, SC, KSRTC R5 BY ADV. SRI.K.KESAVANKUTTY BY ADV.JOHN JOSEPH VETTIKAD
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
P.B.SURESH KUMAR, J.
Dated this the 9th day of March, 2015
JUDGMENT
The claimant in a petition for compensation before the Motor
Accidents Claims Tribunal has come up in this appeal challenging the
quantum of compensation granted by the Tribunal.
M.A.C.A.No.109 OF 2013 : 2 :
counsel for the insurer.
M.A.C.A.No.109 OF 2013
: 3 :
treatment for a period of 12 days. The sum of Rs.12,000/- claimed by him towards compensation for pain and sufferings was only reasonable. The Tribunal has granted only a sum of Rs.5,000/- on that head. He is, therefore, entitled to a further sum of Rs.7,000/- towards compensation for pain and sufferings. No compensation is seen granted towards the loss of amenities and enjoyments in life. In the nature of the injuries sustained by the claimant, I am of the view that he is entitled to a sum of Rs.5,000/- towards compensation for loss of amenities and enjoyments in life. Thus, the claimant is entitled to a further sum of Rs.20,000/towards compensation.
In the result, the appeal is allowed in part. The compensation granted by the Tribunal is modified granting a further sum of Rs.20,000/- to the claimant by way of compensation. Needless to say, the claimant will be entitled to interest for the whole amount of
M.A.C.A.No.109 OF 2013
: 4 :
compensation at the rate of 9% per annum, except for the period of delay in filing the appeal, viz., 988 days as ordered in C.M.Application No.112 of 2013.
P.B.SURESH KUMAR, JUDGE
jes
As per the order dated 31/07/2015 in R.P.622/2015 in M.A.C.A.109/2013, the statement “As the vehicle involved in the accident was covered by a valid insurance policy at the time of accident, the insurer was directed to satisfy the award” occurring in paragraph 2 of the judgment dated 09/03/2015 in M.A.C.A.No.109/2013 is deleted and it is made clear that the enhanced compensation granted by this court also shall be paid by the second respondent in the Review Petition (first respondent in M.A.C.A.).
Sd/Registrar (Judicial)
3 issues framed by the court
Whether the quantum of compensation awarded by the Motor Accidents Claims Tribunal for loss of earnings, pain and sufferings, and loss of amenities was reasonable.
Whether the rate of interest on the compensation awarded should be increased from 7.5% to 9% per annum.
Who is liable to pay the enhanced compensation granted in the appeal.
Navas
Managing Director Kerala State Road Transport Corporation
United India Insurance Co. Ltd.
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
