The Kerala High Court allowed the appeal in part against a Motor Accident Claims Tribunal award. The court increased compensation for pain and sufferings, bystander expenses, extra nourishment, and loss of amenities by Rs.18,500. The interest rate was elevated to 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 5TH DAY OF FEBRUARY 2016/16TH MAGHA, 1937
MACA.No. 1331 of 2015
O.P(MV)NO.711/2005 OF PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE
APPELLANT(S)/PETITIONER :
VAISAKH (MINOR), AGED 17 YEARS, (D.O.B 27.09.1997), REPRESENTED BY HIS FATHER AND LEGAL GUARDIAN, V.PEETHAMBARAN, S/O.GOPALAN, CHELATHU VALAPPIL HOUSE, P.O. THIRUVANNOOR NADA, KOZHIKODE - 673 029.
BY ADV. SMT.K.V.RESHMI
RESPONDENT(S)/2ND RESPONDENT :
NEW INDIA ASSURANCE COMPANY LTD., DIVISIONAL OFFICE, SILVER PLAZA BUILDING, I.G.ROAD, KOZHIKODE-673 004, REPRESENTED BY ITS MANAGER.
BY ADV. SRI.A.A.ZIYAD RAHMAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
P.B.SURESH KUMAR, J.
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M.A.C.A.No.1331 of 2015.
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Dated this the 5th day of February, 2016.
J U D G M E N T
The claimant in a proceedings for compensation before the Motor Accident Claims Tribunal has come up in this appeal challenging the quantum of compensation granted by the Tribunal.
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MACA.No.1331/2015.
involved in the accident.
claimant. Ext.A3 is the discharge card issued to the claimant from Calicut Medical College. Ext.A3 indicates that the claimant had sustained fracture of both bones of his left leg in the accident. It is seen from Ext.A3 that the claimant was admitted in the hospital on 25.12.2004 and discharged only on 7.1.2005. It is also seen that in the course of the treatment, the claimant had undergone a surgical procedure on 28.12.2004. The Tribunal has granted only a sum of Rs.6,500/- to the claimant towards compensation for pain and sufferings. Having regard to the nature of the injuries sustained by the claimant and the treatment undergone by him, I am of the view that the claimant is entitled to a further sum of Rs.8,500/- towards pain and sufferings. No amount is seen awarded by the Tribunal to the claimant towards bystander's expenses even though the claimant was hospitalised for 12 days. According to me, the claimant is
MACA.No.1331/2015.
entitled to a sum of Rs.3,000/- towards bystander's expenses. No amount is also seen awarded to the claimant towards extra nourishment. Having regard to the age of the claimant and also the fact that he had undergone treatment in the hospital for 12 days, I deem it appropriate to grant the claimant a sum of Rs.2,000/- towards extra nourishment. A sum of Rs.2,000/- is seen granted to the claimant towards loss of amenities. Having regard to the fact that the claimant had sustained fracture of both bones of his left leg, some more amount should have been granted to the claimant towards loss of amenities. In the said circumstances, according to me, the claimant is entitled to a further sum of Rs.5,000/- towards loss of amenities also. Thus, the claimant is entitled to a further sum of Rs.18,500/- towards compensation.
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MACA.No.1331/2015.
proceedings of this nature is entitled to interest for the compensation awarded at the rate of 9% per annum.
6. In the result, the appeal is allowed in part. The compensation granted by the Tribunal is modified granting a further sum of Rs.18,500/- 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., 2098 days as ordered in C.M.Application No.1489 of 2015.
P.B.SURESH KUMAR,
JUDGE.
Kvs/-
// true copy //
PA TO JUDGE.
2 issues framed by the court
Whether the compensation awarded by the Tribunal for pain and sufferings was adequate.
Whether interest at 9% per annum should be granted instead of 7% for the awarded compensation.
1 provisions across 1 enactments
Vaisakh (minor) represented by V.Peethambaran
New India Assurance Company Ltd.
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
