Allowed

Mohanan Pillai v. New India Assurance Co. Ltd.

Kerala HC12 Jun 2018MACA/1260/2018

Case brief

AI extract

What is this about?

The High Court of Kerala enhanced compensation awarded to the appellant in a motor accident case. The Court increased amounts for loss of income, extra nourishment, pain and suffering, and loss of amenities based on the appellant's evidence as a welder.

What did the court decide?

Enhanced compensation of Rs. 22,000/- granted in addition to the existing award, with the insurer directed to pay within 30 days.

Mohanan Pillai Vs New India Assurance Co. Ltd. — Motor Accident Claims | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE P.D.RAJAN

¶4

TUESDAY, THE 12TH DAY OF JUNE 2018 / 22ND JYAISHTA, 1940

¶5

MACA.No. 1260 of 2018

¶6

AGAINST THE AWARD IN OPMV 989/2010 of ADDL.MACT, MAVELIKKARA DATED 16-12-2017

¶7

APPELLANT/PETITIONER

¶8

MOHANAN PILLAI, AGED 53 YEARS, S/O.MADHAVAN UNNITHAN, USHUS, THATHAMMUNNA MURI, NOORANADU VILLAGE, MAVELIKARA TALUK.

¶9

BY ADV.SRI.NIRMAL V NAIR

¶10

RESPONDENT/3RD RESPONDENT:

¶11

THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO. LTD., CHENGANNUR P.O., CHENGANNUR.

¶12

R. BY ADV. SRI.LAL GEORGE R BY SRI.A.A.ZIYAD RAHMAN

¶13

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

P.D.RAJAN, J

¶15

...................................... M.A.C.A.No.1260 of 2018

¶16

..................................... Dated, 12^th June 2018

¶17

JUDGMENT

¶18

This appeal is preferred against the award in O.P. (MV)No.989 of 2010 of Additional MACT, Mavelikkara by the injured. On 25.04.2008, appellant sustained injuries in a motor accident and the learned Tribunal awarded compensation of Rs.44,530/- with interest and cost as compensation. Being aggrieved by that, injured preferred this appeal.

¶19

There is no dispute with regard to the accident.

¶20

The driver and owner of the vehicle were exparte in the lower court. Insurer admitted the insurance of the vehicle. Claimant did not adduce any oral evidence, but his documents were marked as Ext.A1 to A7 and Ext.X1. Learned Tribunal awarded the following amount as compensation.

¶21

MACA 1260/2018

¶22

¶23

He	ad of Claim Am clai	ount med	Amount awarded	Details in a nut shell
	(in ru	pees)	(in rupees)
1.	Loss of earnings 2	5000	12000	Earning for 3 months
2.	Partial loss of earnings
3.	Transport to hospital	1000	1000	Reasonable estimate
4.	Extra nourishment	5000	1000	Reasonable estimate
5.	Damage to clothing	3000	500	Reasonable estimate
6.	Medical expenses	30000	15980	Ext.A13 bills
7.	Bystander's expenses		1050	7 days IP @ 150
8.	Compensation for marriage prospects compensation for shortened expectation of life and shock
9.	Pain and suffering compensation for disfiguration	25000	8000	Considering the injuries
10.	Disability income	21000
11.	Compensation for loss of earning power
12.	Loss of amenities		5000	Considering the injuries
13.	Total	110000	44,530

¶24

Learned counsel appearing for the appellant contended that the injured is a welder by profession and the Tribunal took Rs.4000/- as monthly income.

¶25

MACA 1260/2018

¶26

¶27

Considering the argument, the income is fixed as Rs.5000/- and the following additional compensation is

¶28

awarded as enhanced compensation.

¶29

Loss of income for three months - Rs.3,000/2. Extra Nourishment - Rs.2,000/-

¶30

Pain and suffering - Rs.7,000/-

¶31

Loss of amenities -Rs.10,000/-

¶32

Therefore an amount of Rs.22,000/- is awarded as enhanced compensation in addition to the award amount of Rs.44530/-. 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 9 % interest from the date of default.

¶33

This appeal is disposed of as above.

¶34

P.D.RAJAN, JUDGE

¶35

lgk

Mohanan Pillai v. New India Assurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Mohanan Pillai v. New India Assurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The Oriental Insurance Co.Ltd. Vs Nanu Achry

Sadanandan.P.a. Vs Geetha Devi.I.P.

Jivin Vs the Oriental Insurance Co.Ltd.

Raji.S Vs Reji George

K.C.Sabu @ Anandan Vs Reliance General Insurance Company Limited

Jalaja Vs the Managing Director