Allowed

Achamma v. the Divisional Manager, the Oriental Insurance Co. Ltd.

Kerala HC14 Sept 2017MACA/3123/2016

Case brief

AI extract

What is this about?

In this motor accident compensation appeal, the Kerala High Court enhanced the award from Rs. 20,000 to Rs. 23,000. The court found the Tribunal undervalued the appellant's loss of earnings and medical expenses, directing the insurer to pay the additional sum with interest.

What did the court decide?

Enhancement of compensation to Rs. 23,000, including Rs. 3,000 for loss of earnings and Rs. 2,000 for medical expenses, to be paid by the insurer with interest.

Achamma Vs the Divisional Manager, the Oriental Insurance Co. Ltd. — Insurance | 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 14TH DAY OF SEPTEMBER 2017/23RD BHADRA, 1939

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MACA.No. 3123 of 2016 ()

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AGAINST THE AWARD IN OPMV 649/2003 of M.A.C.T.,KOLLAM DATED 18-03-2016

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APPELLANT(S)/PETITIONER :

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ACHAMMA

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AGED 46 YEARS, PUTHENVILA PADINJATTATHIL, NEELESWARAM, NEDUVATHOOR, KOLLAM.

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BY ADVS.SRI.PRATHEESH.P SMT.RENY ANTO

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RESPONDENT(S)/3RD RESPONDENT :

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THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE COMPANY LIMITED, KOTTARAKKARA-691 532.

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R1 BY ADV. SRI.GEORGE CHERIAN (SR.) R1 BY ADV. SMT.K.S.SANTHI R1 BY ADV. SMT.LATHA SUSAN CHERIAN

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14-09-2017, 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.3123 of 2016

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Dated this the 14^th day of September, 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.649/2003 of the Motor Accidents Claims Tribunal, Kollam. The appellant sustained injuries in a motor accident on 21.01.1995 at about 4.45 p.m., while she was travelling as a pillion rider in a scooter bearing registration No.KL-2A/926 through the Kollam-Schenkotta public road. The tribunal awarded a total sum of 20,000/-₹ with interest and costs.

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The learned counsel appearing for the appellant contended that a meagre amount was awarded to the appellant for loss of earnings. The appellant sustained crack fracture of right humerus along with some other minor injuries and bed ridden. It is true that the appellant is a tuition teacher and was getting monthly income of 1500/-₹

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at the time of the incident and the learned tribunal fixed

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M.A.C.A.No.3123/2016 2

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monthly income as 1000/-. Exts.A4 wound certificate and₹ Ext.A6 discharge card also corroborating the crack fracture. The learned tribunal awarded 10,000/- for pain and₹ sufferings, 4080/- for permanent disability and 1360/- for₹ ₹ loss amenities and enjoyment. Even though there is no permanent disability, a sum of 4080/- was awarded on that₹ head. Analysing the award amount, it is found that the learned tribunal reduced the monthly income. In the circumstances, I took her monthly income as 1500/- and₹ she is entitled to get 3000/- as loss of earnings. The₹ learned tribunal already granted 2000/- on that head, the₹ balance is only 1000/-. Moreover, no amount was awarded₹ for medical expenses. Hence, an amount of 2000/- is₹ awarded for medical expenses. Accordingly, in addition to the award amount of 20,000/-, an amount of 3000/- is₹ ₹ awarded as enhanced compensation. The Insurance company is directed to deposit the additional amount of ₹3,000/- (Rupees three thousand only) with 9% interest

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M.A.C.A.No.3123/2016

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with proportionate costs. The Insurance company is

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directed to pay the amount within thirty days from the date of receipt of a copy of this judgment, failing which it will carry 12% interest. The appellant is not entitled to get any interest for the delay period of 27 days in preferring 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

Achamma v. the Divisional Manager, the Oriental Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Achamma v. the Divisional Manager, the Oriental Insurance Co. Ltd.

Case brief

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