This appeal challenged the quantum of compensation granted by the Motor Accidents Claims Tribunal. The Court modified the award by granting an additional sum of Rs. 4,500/- and adjusted the interest rate to 9% per annum.
The compensation granted by the Tribunal was modified by granting a further sum of Rs. 4,500/-; interest rate 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
FRIDAY, THE 29TH DAY OF JANUARY 2016/9TH MAGHA, 1937
MACA.No. 1301 of 2015
OP(MV) 1597/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE.
APPELLANT/PETITIONER:
P.SASIDHARAN, S/O.NARAYANAN NAIR, PUNNASSERY HOUSE, THENHIPALAM AMSOM DESOM, P.O.THENHIPALAM, MALAPPURAM.
BY ADV. SMT.K.V.RESHMI
RESPONDENT(S)/RESPONDENTS:
1. FASALUL RAHIMAN, S/O.HAMZA, RESIDING AT KOTTAKALLUPARAMBA HOUSE, 9/322, P.O.FEROKE COLLEGE,
2. ORIENTAL INSURANCE COMPANY LTD.,
R2 BY ADV. SRI.TITUS MANI BY SMT.K.S.SANTHI
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
mbr/
P.B.SURESH KUMAR, J.
M.A.C.A.No.1301 of 2015
Dated 29th January, 2016.
J U D G M E N T
The claimant in a proceedings for compensation before the Motor Accidents Claims Tribunal has come up in this appeal challenging the quantum of compensation granted by the Tribunal.
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also the learned counsel for the insurer.
the accident is not in dispute. The averment in the claim petition that the claimant is a driver is not seen denied by the respondents. In so far as the claimant sustained fracture of his thumb and since he was under POP, it can be safely inferred that he might not have worked for quite some time. Having regard to the totality of the facts and circumstances, I am of the view that a sum of Rs.10,000/- would have been the appropriate compensation payable to the claimant. Thus, the
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claimant is entitled to a further sum of Rs .4,500/- towards compensation.
6. It is seen that interest has been granted by the Tribunal for the compensation awarded only at the rate of 7% per annum. It is now settled that the claimant in a proceedings of this nature is entitled to interest for the compensation awarded at the rate of 9% per annum.
In the result, the appeal is allowed in part. The compensation granted by the Tribunal is modified granting a further sum of Rs.4,500/- to the claimant by way of compensation. Needless to say, the claimant will be entitled to interest for the whole amount of compensation at the rate of 9% per annum, except for the period of delay in filing the appeal, viz., 2425 days as ordered in C.M.Application No.1454 of 2015.
Sd/-
P.B.SURESH KUMAR, JUDGE.
tgs
MACA No.1301 of 2015
4
(true copy)
2 issues framed by the court
Whether the quantum of compensation awarded by the Motor Accidents Claims Tribunal is appropriate.
What modification is required in the compensation amount and rate of interest.
1 provisions across 1 enactments
P.SASIDHARAN
FASALUL RAHIMAN
ORIENTAL INSURANCE COMPANY LTD.
P.B. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
