The Appellate Court enhanced compensation awarded to an injured autorickshaw driver. It corrected the monthly income estimate from Rs.5,000 to Rs.7,000, directing the insurer to pay enhanced compensation totaling Rs.46,700 with interest.
Award of Rs.46,700 compensation with 9% interest to be paid by the insurer within 30 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.D.RAJAN
WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940
MACA.No. 1138 of 2018
AGAINST THE AWARD IN OPMV 2477/2010 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR DATED 03-08-2017
APPELLANT/PETITIONER
NAGAPPAN @ RAJAN @ MAHIMA RAJ S/O LATE. PAZHANI, SOORYAVEETIL HOUSE, P.O KOLAZHY, THRISSUR DISTRICT.
BY ADV.SRI.P.V.CHANDRA MOHAN
RESPONDENT(S):
R BY SRI.R.AJITH KUMAR (128/84)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.D.RAJAN, J
...................................... M.A.C.A.No.1138 of 2018 ..................................... Dated, 13th June 2018
JUDGMENT
This appeal is preferred against the award in O.P. (MV)No.2477 of 2010 of MACT, Thrissur by the injured. Appellant sustained injuries in a motor accident on 11.11.2008 and the learned Tribunal awarded compensation of Rs.36,200/with interest and cost. Being aggrieved by that, appellant preferred this appeal.
MACA 1138/2018 2
the nature of the job, Rs.7000/- is a reasonable amount for calculating compensation to an autorickshaw driver. In the circumstances, I award the following amount as compensation.
7000 X 12 X 9 X 7.5/100 = Rs.56,700/-. Learned Tribunal awarded Rs.25,000/-, the balance is Rs.31,700/-. Along with that, another Rs.5000/- for pain and suffering, Rs.10,000/- for loss of amenities are awarded as enhanced compensation. *Therefore, the total enhanced compensation will be Rs.46,700/-(Rupees Forty Six Thousand Seven Hundred only) with 9% interest from the date of petition till realisation with proportionate cost. The insurer is directed to satisfy the award within 30 days from the date of receipt of a copy of this judgment, failing which it will carry 12 % interest from the date of default. This appeal is disposed of as above.
P.D.RAJAN, JUDGE
lgk
P.D.RAJAN, JUDGE
1 issue framed by the court
Whether compensation should be enhanced to account for the appellant's monthly earning as an autorickshaw driver.
1 provisions across 1 enactments
NAGAPPAN @ RAJAN @ MAHIMA RAJ S/O LATE. PAZHANI
GANGADHARAN S/O VELAPPAN
NAZAR S/O ABDUL RAHIMAN
ICICI LOMBARD MOTOR INSURANCE CO.LTD
P.D.RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
