Partly allowed

Vijayi v. v.Assainkutty Haji

Kerala HC20 Sept 2016MACA/265/2013

Case brief

AI extract

What is this about?

The Kerala High Court allowed a Motor Accident Claims Appeal filed by Vijayi against the Principal Motor Accident Claims Tribunal. The Court held that the compensation awarded for pain and suffering was inadequate given the appellant's age (60) and injuries (fracture of two ribs). The award was modified to enhance compensation under this head by Rs. 12,000, with the insurer directed to deposit an

What did the court decide?

Compensation under the head of pain and suffering enhanced to Rs.12,000; insurer to deposit additional Rs.5,000 with interest @7% p.a.

Vijayi Vs v.Assainkutty Haji — Motor Accident Claims | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 20TH DAY OF SEPTEMBER 2016/29TH BHADRA, 1938

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MACA.No. 265 of 2013

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O.P(MV)NO. 279/2011 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE

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APPELLANT(S)/PETITIONER :

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VIJAYI, AGED 60 YEARS, W/O. SAMINATHAN, CHETTIPARAMBATH HOUSE, PUTHIYAPPA, PUTHIYANGADI, P.O., KOZHIKODE DISTRICT.

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BY ADVS. SRI.P.S.SREEDHARAN PILLAI

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SRI.T.K.SANDEEP SRI.ARJUN SREEDHAR SRI.JOSEPH GEORGE(MULLAKKARIYIL) SRI.ARUN KRISHNA DHAN

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RESPONDENT(S)/RESPONDENTS :

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1. V.ASSAINKUTTY HAJI, AGE ABOVE 65 YEARS, S/O. POCKER HAJI, VAZHIPOKKIL HOUSE, P.O.KUNNAMANGALAM, KOZHIKODE.

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2. THABSEER.P.K., AGE ABOVE 31 YEARS, S/O. KASIM.P.K., “N.P. HOUSE”, KARUVANKANDY PARAMBA, KALLAI, KOZHIKODE.

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3. THE NEW INDIA ASSURANCE COMPANY LTD., SHAFEER COMPLEX, OPP. YMCA, KANNUR ROAD, KOZHIKODE.

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R1 BY ADV. SRI.VINOD SINGH CHERIYAN R3 BY ADV. SMT.T.C.SOWMIAVATHY BY ADV. SRI.JOHN JOSEPH VETTIKAD

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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P.V.ASHA, J.

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M.A.C.A.No.265 of 2013

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Dated this the 20^th day of September, 2016

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JUDGMENT

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The claimant in the O.P(MV).No.279 of 2011 on the file of the Principal Motor Accident Claims Tribunal, Kozhikode has filed this appeal claiming enhancement in compensation. The appellant sustained injuries in a motor vehicle accident occurred on 21.06.2010 while the bus in which she was travelling, was hit by a lorry. She sustained fracture of her third and fourth ribs and pain on right hip. She underwent treatment in the Medical College Hospital, Calicut. She was aged 60 years and it was claimed that she was earning a monthly income of Rs.4,000/-.

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The Tribunal fixed the notional income of the appellant as Rs.2,500/- and awarded a sum of Rs.11,000/towards compensation as against her claim for Rs.75,000/-.

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I heard the learned counsel for the appellant, who pointed out that even after finding that the appellant sustained fracture of two ribs, the Tribunal did not grant her sufficient compensation towards pain and suffering, treatment expenses, etc. In para.9 of the award, the Tribunal has referred to the

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M.A.C.A.No.265 of 2013 2

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wound certificate Ext.A2 and stated that the appellant had sustained fracture of her third and fourth ribs and she was under treatment in the Medical College Hospital, Kozhikode.

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It is seen that the appellant was aged 60 years when she sustained fracture of her ribs. As against the claim for a sum of Rs.25,000/- under the head of pain and suffering, the Tribunal has awarded only a sum of Rs.7,000/-. Having regard to the nature of the injuries and the difficulties that would have been experienced by the appellant at that age, it would have been just if the compensation granted under this head was at least a sum of Rs.12,000/-. Therefore, I modify the award enhancing the quantum of compensation under the head of pain and suffering to Rs.12,000/-. Accordingly insurance company will have to deposit an additional amount of Rs.5,000/- (Rupees Five thousand only) along with interest @ 7% per annum till the date of payment in the Tribunal, within a period of three months from the date of receipt of a copy of this judgment.

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The appeal is accordingly partly allowed.

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Sd/-

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(P.V.ASHA, JUDGE)

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rtr/

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/true copy/

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P.S to Judge

Vijayi v. v.Assainkutty Haji

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Vijayi v. v.Assainkutty Haji

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