Partly allowed

Vasudevan Nair v. Martin

Kerala HC29 Jun 2017MACA/176/2017

Case brief

AI extract

What is this about?

In this motor accident claims appeal, the appellant challenged the quantum of compensation awarded by the Tribunal. The single-judge High Court increased the compensation for loss of amenities and inconvenience from Rs. 1,000 to Rs. 10,000.

What did the court decide?

Additional compensation of Rs. 10,000 awarded, payable by the respondent insurance company with 7% interest within thirty days.

Vasudevan Nair Vs Martin — 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 P.D.RAJAN

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THURSDAY, THE 29TH DAY OF JUNE 2017/8TH ASHADHA, 1939

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MACA.No. 176 of 2017 ()

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AGAINST THE AWARD IN OPMV 27/2013 of ADDL. MOTOR ACCIDENTS CLAIMS TRIBUNAL, NORTH PARAVUR DATED 20-07-2016

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APPELLANT(S)/PETITIONER: ----------------------VASUDEVAN NAIR S/O NEELANKANDAN NAIR, POTHANALIL HOUSE, EAST KADUNGALLOOR, U.C.COLLEGE PO, ALUVA-683102

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BY ADVS.SRI.K.SHRIHARI RAO SRI.M.C.MONY

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RESPONDENT(S)/REAPONDENTS:

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1. MARTIN P.M S/O MICHAL, 1/424/A, PADAMATTUMMAL HOUSE, PUTHENVELIKKARA, THURUTHIPURAMKARA, PARAVUR-683594

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2. ORIENTAL INSURANCE COMPANY LIMITED DIVISIONAL OFFICE, PATTAMANA BUILDINGS, R.S ROAD, ALUVA-683101 R2 BY ADV. SRI.M.JACOB MURICKAN R1 BY ADV. SRI.A.N.SANTHOSH R BY SMT.K.S.SANTHI

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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acd

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P.D.RAJAN, J.

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M.A.C.A.No. 176 of 2017

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Dated this the 29^th day of June, 2017

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JUDGMENT

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This appeal is preferred by the injured against the award in O.P.(MV) No.27/2013 of Motor Accidents Claims Tribunal, North Paravur (MACT). The appellant was involved in a motor accident on 5.1.2015 at 5.30 p.m, while he was walking through Aluva-Ernakulam road from south to north, a motor cycle bearing registration No.KL-42/B 3607 came from behind and hit him, as a result, he sustained serious injuries. The learned tribunal awarded a sum of 52,100/-₹ with interest and costs.

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The specific case of the appellant is that he sustained three fractures and no amount was awarded for loss of amenities. Ext.A6 is the copy of wound certificate, which shows that he sustained pain left wrist, left foot and fracture proximal phalanx, big toe and second toe of left foot and lower end left radius. He had undergone a surgery in hospital and produced medical bill for 27,028/-. The₹

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M.A.C.A.No.176/2017 2

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learned tribunal awarded the following amount as compensation: “Transportation ₹ 1,000/-, Damage to clothes and articles 500/-, Medical expenses 27,028/-, ₹ ₹ Extra nourishment 500/-, Loss of earning 7,000/-, Pain ₹ ₹ and suffering ₹ 15,000/-, Loss of amenities and inconvenience in life 1000/-”. ₹ On a perusal of the award amount, it is clear that the appellant is entitled to get a reasonable amount for loss of amenities and inconvenience. The learned tribunal awarded only ₹1,000/- for loss of amenities and inconvenience, hence an increase on that head is necessary, thereby amount of ₹10,000/- is awarded for loss of amenities. Since no document has been produced to prove the permanent disability, I am not awarding any amount on that head.

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In the circumstances, an additional amount of ₹10,000/- is awarded as compensation in addition to the award amount of 52,100/-. The 2₹ nd respondent Insurance Company is directed to pay additional compensation of

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M.A.C.A.No.176/2017

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₹10,000/- with interest of 7% and proportionate costs within thirty days from today, in default it will carry 12% interest per annum from the date of petition. The appellant is not entitled to get any interest for 58 days, the delay period in filing the appeal

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M.A.C.A. is disposed of as above.

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P.D.RAJAN, JUDGE.

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acd

Vasudevan Nair v. Martin

Case brief

What is this about?

What did the court decide?

Vasudevan Nair v. Martin

Case brief

What is this about?

What did the court decide?

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