Partly allowed

Vasu v. National Insurance Co. Ltd.

Kerala HC1 Mar 2017MACA/1458/2007

Case brief

AI extract

What is this about?

The Kerala High Court allowed an appeal in part against the Motor Accidents Claims Tribunal award. The Court enhanced the compensation for disability, pain and sufferings, loss of amenities, and loss of earnings, directing the insurance company to deposit the additional amount with interest.

What did the court decide?

Enhancement of compensation by Rs. 48,336/- including interest at 6% per annum.

Vasu Vs National Insurance Co. Ltd. — Motor Accident Claims | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

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& THE HONOURABLE MRS. JUSTICE SHIRCY V.

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WEDNESDAY, THE 1ST DAY OF MARCH 2017/10TH PHALGUNA, 1938

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MACA.No. 1458 of 2007

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AGAINST THE AWARD IN OPMV 278/2002 of MACT, KALPETTA DATED 06-122006

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APPELLANT/PETITIONER:

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VASU,S/O. NARAYANAN,

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MUNDAKKAL, VATTEDATH HOUSE, PULIYARMALA, KALPETTA NORTH POST, KALPETTA, VYTHIRI TALUK, WAYANAD.

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BY ADV. SMT.CELINE JOSEPH

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RESPONDENT/RESPONDENT NO.3:

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THE BRANCH MANAGER, NATIONAL INSRUCANCE CO. LTD., BRANCH OFFICE, KALPANA SHOPPING COMPLEX,, MAIN ROAD, KALPETTA.

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R1 BY ADV. SMT.SARAH SALVY

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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C.K. ABDUL REHIM & SHIRCY V.,JJ.

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==============================

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M.A.C.A. No. 1458 OF 2007

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==============================

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Dated this the 1^st day of March, 2017

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JUDGMENT

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Shircy V., J.

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Dissatisfied with the quantum of compensation awarded in O.P.(MV) No. 278/2002 on the files of the Motor Accidents Claims Tribunal, Kalpetta, Wayanad, to the injured involved in a road traffic accident which occurred on 16.4.2002 at about 10.45 a.m. in front of Puliyamala Junction the appeal is filed . He has challenged the award contending that the compensation awarded to him by the Tribunal is quite insufficient and inadequate. His case is that he sustained injuries as he was knocked down by a motor cycle bearing Reg. No. KL-12 /4544 ridden by the 1st respondent in a rash and negligent manner while he was standing on the side of a road at Kalpetta, is not in dispute. So also the insurance coverage of the vehicle owned by the 2^nd respondent is not in dispute. The finding of the Tribunal regarding negligence

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MACA 1458/2007 2

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on the side of the 1^st respondent in riding the offending vehicle is also not in dispute.

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The question for determination is whether adequate compensation has been awarded to the injured who sustained grievous injuries in the road traffic accident.

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According to the learned counsel, the injured was only 45 years at the time of the accident and he was working as a coolie and his monthly income was Rs.4,000/-. But the Tribunal rejected the claim and fixed only an amount of Rs.2100/- as the monthly income and so also the multiplier adopted to assess the compensation for the disability suffered by him due to the accident is 13 instead of 14. It is true that the income adopted by the Tribunal is on the lower side. But the Tribunal fixed the same in the absence of definite proof. But we feel that since the accident was in the year 2002, it is just and proper to fix the monthly income of a coolie worker as Rs.3500/-. The disability sustained by him as per Ext.A5 is 4%. On that basis the compensation for disability suffered by the appellant/injured has to be reworked as Rs.23,520/- (3500x12x14x4%). After

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MACA

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1458/2007 3

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deducting the amount of Rs.13,104/- already granted by the Tribunal, he is entitled to get a further amount of Rs. 10416/ -. It is also to be noted that the amount awarded under the head pain and sufferings is only Rs.6000/- which we enhance to Rs. 25,000/-. This will entitle the appellant to get a further amount of Rs. 19,000/- under that head. Under the head as compensation for loss of amenities, nothing has been granted by the Tribunal, even though he had suffered so much inconvenience and difficulties because of the injuries. Hence, we grant a sum of Rs. 15,000/ - under that count. As loss of earnings, the amount awarded by the Tribunal has to be re-fixed as Rs.7000/(3500x2). After deducting the amount of Rs.3080/- awarded by the Tribunal, the appellant is entitled to get a further amount of Rs. 3920/-. Thus in total the appellant is entitled to get a sum of Rs. 48,336 /- over and above the amount awarded by the Tribunal.

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Accordingly, the appeal is allowed in part and the appellant is entitled to get an enhancement of Rs. 48,336/- (Rupees forty eight thousand three hundred and thirty six only).

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MACA 1458/2007 4

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The said amount will carry an interest at the rate of 6% per annum from the date of the claim petition till realisation. The respondent/ insurance Company is directed to deposit the

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amount within a period of two months from today.

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On such deposit, the appellant is at liberty to approach the Tribunal seeking withdrawal of the amount. If such an application is filed, the Tribunal shall pass appropriate orders considering the question of permitting withdrawal.

Sd/-

C.K. ABDUL REHIM

JUDGE

Sd/-

ks.

SHIRCY V. JUDGE

True copy

P.S. to Judge

Vasu v. National Insurance Co. Ltd.

Case brief

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Vasu v. National Insurance Co. Ltd.

Case brief

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