Allowed

Priya v. Sanil Namboodir

Kerala HC14 Sept 2017MACA/816/2015

Case brief

AI extract

What is this about?

The Kerala High Court allowed an appeal against a Motor Accidents Claims Tribunal award. The Court increased compensation from Rs. 13,565/- to Rs. 20,565/- for a 16-year-old appellant who sustained injuries in a 2004 accident, adding amounts for pain and suffering and loss of amenities.

What did the court decide?

Additional compensation of Rs. 7,000/- awarded; total claim settled at Rs. 20,565/- to be deposited within 30 days.

Priya Vs Sanil Namboodir — 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. 816 of 2015 (D)

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AGAINST THE AWARD IN OP(MV)No.259/2005 OF THE ADDL.M.A.C.T., THRISSUR DATED 11-07-2014

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APPELLANT/CLAIMANT:

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PRIYA,

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AGED 27 YEARS, D/O.CHANDRASHEKHARAN, KALANTHODI HOUSE, PAZHUVIL, THRISSUR DISTRICT.

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BY ADV. SRI.V.V.JOY

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RESPONDENTS/RESPONDENTS:

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SANIL NAMBOODIRI, S/O.PARAMESWARAN, NAMBOODIRI, PAIKKATTU MANA HOUSE, KIZHPULLIKKARA, THRISSUR-686502.

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THE MANAGER, M/S.NEW INDIA ASSURANCE CO LTD., PERINCHERY BUILDING, ROUND NORTH, THRISSUR-680001.

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R2 BY ADV. SMT.P.LISSY JOSE. BY SRI.A.A.ZIYAD RAHMAN

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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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P.D.RAJAN, J.

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M.A.C.A.No.816 of 2015

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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 against the award in O.P.(MV) No.259/2005 of the Additional Motor Accidents Claims Tribunal, Thrissur. Appellant sustained injuries in a motor accident on 4.6.2004 at 9.15 a.m. and the Tribunal awarded a sum of Rs.13,570/- with interest and costs. Being aggrieved by that injured preferred this appeal.

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The appellant contended that a meagre amount was awarded by the Tribunal and she sustained serious injuries. Ext.A4 is the copy of the wound certificate. Ext.A6 is the discharge card.

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The learned Tribunal awarded the following compensation under different heads:-

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Rs.

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Transportation charges	250/-
Damage to clothing & articles	500/-
Bystanders expenses for 3 days	450/-
Pain and suffering	3,000/-
Extra nourishment	500/-
Treatment expenses	6,865/-

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M.A.C.A.No.816 of 2015

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..2..

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Compensation for loss of convenience and enjoyment in life 2,000/-

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Total 13,565/-

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The injured was 16 year old girl. Even though the

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appellant contended that she is suffering from headache no compensation was awarded on that count. Hence it is appropriate to award an additional compensation of Rs.5,000/- towards pain and suffering and Rs.2,000/- for loss of amenities and enjoyment.

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Hence additional amount of Rs.7,000/- with interest and costs is awarded in addition to the award amount of Rs.13,565/-. The insurance company is directed to deposit the amount within thirty days, failing which the amount will carry 12% interest.

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The appeal is disposed of as above.

Sd/-

P.D.RAJAN, JUDGE

skj

True copy

P.A. to Judge

Priya v. Sanil Namboodir

Case brief

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Priya v. Sanil Namboodir

Case brief

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