Allowed

Suseel Kumar v. M/S. United India Insurance Company Limited

Kerala HC19 Sept 2017MACA/2251/2017

Case brief

AI extract

What is this about?

An insurance motor accident appeal where the High Court of Kerala allowed the appellant to claim additional compensation of Rs. 6,500 with interest, revising the Motor Accidents Claims Tribunal's original award for injuries sustained while travelling as a pillion rider.

What did the court decide?

Appellant awarded additional Rs. 6,500 with 9% interest from petition date; insurer to pay total within 30 days or face 12% penalty interest.

Suseel Kumar Vs M/S. United India Insurance Company… — 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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TUESDAY, THE 19TH DAY OF SEPTEMBER 2017/28TH BHADRA, 1939

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MACA.NO. 2251 OF 2017 ()

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AGAINST THE AWARD IN O.P.(M.V.) NO.1331/2002 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM DATED 24.09.2016

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APPELLANT(S)/PETITIONER:

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SUSEEL KUMAR, AGED 50 YEARS, S/O. JANARDHANA PANICKER, PONAL VEEDU, VADAKKUM MURI, PADINJATTANKARA, THAZHAVA, KARUNAGAPPALLY, KOLLAM DISTRICT.

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BY ADVS.SRI. SIJU KAMALASANAN SMT.RENY ANTO

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RESPONDENT(S)/3RD RESPONDENT:

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M/S. UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE NO.111, SARANYA HOSPITAL ROAD, ERNAKULAM, PIN-682028.

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BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) BY ADV. SRI.JOHN JOSEPH VETTIKAD

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19-09-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.D. RAJAN, J.

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M.A.C.A. No.2251 of 2017

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Dated this the 19^th day of September, 2017

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J U D G M E N T

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This appeal is preferred against the award in O.P.(M.V.) No.1331 of 2002 of the Motor Accidents Claims Tribunal, Kollam. The appellant sustained injuries in a motor accident on 12.10.2001 at 7.30 p.m. while he was travelling as a pillion rider in a motor cycle bearing registration No.KL-7/AC-9627. The learned Tribunal awarded a sum of Rs.32,000/- (Rupees thirty two thousand only) with interest. Being aggrieved by that, the injured preferred this appeal.

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The appellant's case in the trial court was that, on 12.10.2001, while he was proceeding as a pillion

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rider in a motor cycle KL-7/AC-9627 through the Thazhava-Kadathoor road, the rider of the motorcycle ridden the vehicle in a rash and negligent manner and when he reached at the place of occurrence, the rider applied sudden brake, as a result the appellant thrown away and sustained serious injuries. Immediately he was

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M.A.C.A. No.2251 of 2017 2

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removed to hospital. The driver and owner of the vehicle were set ex-parte in the trial court. The insurer admitted the insurance of the vehicle. The claimant did not adduce any oral evidence but his documents were marked as Exts.A1 to A6.

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The wound certificate shows that the

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appellant sustained pain right forearm, swelling forearm, multiple abrasion of right knee and right forearm. X-ray investigation shows comminuted fracture lower end of right radius. He did not produce any disability certificate even then, the learned Tribunal considered the disability at 4% and awarded the following amounts as compensation.

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Loss of earnings Rs.3,000/-, Transport to hospital Rs.1,000/-, Extra nourishment Rs.600/-, Damage to clothing and articles Rs.1,000/-, Others:- Salary and expenses for the bye standers Rs.800/-, Medicine Rs.200/-, Compensation for loss of amenities in life Rs.3,840/-, Pain and sufferings Rs.10,000/-, Compensation

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M.A.C.A. No.2251 of 2017 3

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for continuing permanent disability if any Rs.11,520/[1500x16x12x4%]. Total compensation awarded by the tribunal is Rs.31,960/- which is rounded as Rs.32,000/-.

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The learned Tribunal granted Rs.3,000/- as

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loss of income for 2 months, but considering the nature of injury he is entitled to get three months loss of income i.e, Rs.4,500/- (Rs.1,500x3). Accordingly he is entitled to get an additional amount of Rs.1,500/- on that head. It is seen that very low amount was awarded for loss of amenities and medical expenses. Therefore, an additional amount of Rs.2,000/- and Rs.3,000/- is hereby awarded for loss of amenities and for Medical expenses. Accordingly, the appellant is entitled to get an additional amount of Rs.6,500/- (Rupees six thousand five hundred only) with 9% interest per annum from the date of petition till realisation with proportionate cost in addition to Rs.32,000/- awarded by the learned tribunal. The respondent insurance company is directed to satisfy the award within thirty days from the date of receipt of a

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M.A.C.A. No.2251 of 2017 4

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copy of this judgment, failing which it will carry 12% interest.

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This appeal is disposed of as above.

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Sd/- P.D. RAJAN, JUDGE

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/ True Copy /

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P.A. To Judge

Suseel Kumar v. M/S. United India Insurance Company Limited

Case brief

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Suseel Kumar v. M/S. United India Insurance Company Limited

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