Allowed

Padmini Bhai v. Dr. K.v.Krishnadas

Kerala HC13 Oct 2016MACA/468/2014

Case brief

AI extract

What is this about?

In this Motor Accident Claims Appeal, the High Court enhanced the compensation awarded by the Tribunal. While the Tribunal doubted the gravity of the injury, the Court considered the appellant's age and the ten-day hospitalization, directing an additional award of Rs. 5,000 with lower interest.

What did the court decide?

Award of additional compensation of Rs. 5,000 to be paid by the insurance company with interest at 7% per annum from the date of petition.

Padmini Bhai Vs Dr. K.v.Krishnadas — 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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THURSDAY, THE 13TH DAY OF OCTOBER 2016/21ST ASWINA, 1938

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MACA. No. 468 of 2014 ()

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OPMV 1023/2010 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, ATTINGAL ----------

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APPELLANT(S)/APPLICANT :

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----------------------

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PADMINI BHAI,AGED 79 YEARS, D/O.SUBHADRA AMMA, VADAKKEKONAM PUTHAN VEEDU, ADAYAMON, PAZHAYAKUNNUMMEL, PAZHAYAKUNNUMMEL VILLAGE, ATTINGAL, THIRUVANANTHAPURAM.

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BY ADV. SRI.M.R.SARIN

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RESPONDENT(S)/RESPONDENTS :

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1. DR. K.V.KRISHNADAS S/O.KOTTARAM VENKATACHALA SHARMA, KOTTARAM, PARA 15, POTHUJANAM ROAD, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM - 695003.

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2. SHAJI, S/O.SASI, JIJO BHAVAN, TG 76/1264, BAGATSINGH LANE, KADAKAMPALLY, PETTAH, THIRUVANANTHAPURAM - 695001.

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3. THE RELIANCE GENERAL INSURANCE CO.LIMITED 3RD FLOOR, LEVEL 5, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695006.

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BY SRI.GEORGE CHERIAN (THIRUVALLA)

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.V.ASHA, J.

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M.A.C.A.No.468 of 2014-D

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Dated this the 13^th day of October, 2016

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JUDGMENT

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The injured in a motor vehicle accident which occurred on 10.07.2010 has filed this appeal claiming enhancement of compensation.

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The appellant who was aged 76 years met with an accident on being hit by a Skoda Octavia car with registration No.KL-01/AW-8231 while she was standing on the side of N.H Road at Pulimoodu junction in the foot path. Ext.A6 discharge card shows that she was under treatment for the period from 10.07.2010 and she sustained fracture of superior and inferior pubic rami. Referring to the scan report the tribunal found that there was no such injury. However, the tribunal awarded a sum of Rs.12,000/- along with 7.5% per annum from the date of petition. This appeal is filed seeking enhancement of compensation stating that the appellant, at the old age, has to suffer on account of the accident and she was in the hospital for a period of 10 days.

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M.A.C.A.No.468 of 2014-D

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I heard the learned counsel for the appellant and the learned counsel appearing for the respondents. Even though the tribunal has found that the injury as claimed was not sustained, Ext.A6 shows that the appellant was under treatment for a period of 10 days at this old age on account of the accident. Ext.A9 shows that the appellant sustained the injury of pubic rami. Having regard to the nature of injury sustained on account of the accident at the age of 75 years and the difficulties that would have been experienced at the relevant time by the appellant, I am of the view that the compensation awarded by the tribunal can be modified. Accordingly, a sum of Rs.5,000/(Rupees five thousand only) is awarded in addition to the compensation awarded by the tribunal. The said amount will carry interest @7% per annum from the date of petition. The insurance company shall deposit the same within three months from the date of receipt of a copy of this judgment.

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Accordingly the appeal is allowed to the above extent.

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Sd/- (P.V.ASHA, JUDGE)

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rtr/

Padmini Bhai v. Dr. K.v.Krishnadas

Case brief

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Padmini Bhai v. Dr. K.v.Krishnadas

Case brief

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