The Kerala High Court allowed an appeal in a motor accident claim, enhancing the compensation for the appellant. The court awarded further amounts for pain and suffering and loss of amenities, totaling an additional Rs. 17,500 with interest and costs.
Enhancement of compensation by an additional amount of Rs. 17,500 to be paid with interest and costs within two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY ,THE 19TH DAY OF NOVEMBER 2018 / 28TH KARTHIKA, 1940
MACA.No. 1341 of 2012
AGAINST THE AWARD IN OPMV 56/2008 of MACT PALA DATED 17-022012
APPELLANT/S:
MAHAL MOHAN
S/O MOHANADASAN NAIR, VYPANA HOUSE, LALAM VILLAGE, KIZHATHADIYOOR KARA, CHETHIMATTOM PALA P.O, KOTTAYAM DISTRICT
BY ADV. SRI.P.C.HARIDAS
RESPONDENT/S:
PARANTHOTTU HOUSE, VELLARA MOONNILAVU-686 575
BY ADVS. SRI.ZYRIAC KURIAN SRI.JOHN JOSEPH VETTIKAD SRI. JOSEPH JOHNY C.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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MACANo.1341/2012
J U D G M E N T
The appeal is for enhancement of the compensation awarded, filed by the claimant before the Tribunal. The 4th respondent has not been served who is said to be the erstwhile owner of the vehicle. The Insurance Company admitted the policy in favour of the subsequent owner at the time of accident. In such circumstances, the appearance of the 4th respondent is dispensed with.
2. The injury occurred when the petitioner was driving a scooter which was struck down by a jeep driven by the 2nd respondent in a rash and negligent manner. The Tribunal found negligence on the jeep driver. The Insurance policy also being admitted, the only question raised is with respect to the enhancement.
3. The appellant was aged 40 years at the
MACANo.1341/2012
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time of the accident. The appeal is against OPMV 56/2008 where he had sought for compensation for his personal injuries. The injuries caused to the appellant by reason of the accident are the following:
“Communited Fracture intertrochanter Right Hip”
4. The appellant was a District
Co-operative Bank employee who had produced monthly income certificate-Ext.A10, showing a salary of Rs.14277/-. The Tribunal assessed loss of earnings for 3 months at the rate of Rs.14280/-. For transportation to hospital, Rs.1500/- was awarded, for extra nourishment Rs.1000/- and damage to clothing Rs.1000/-. The petitioner was also awarded a sum of Rs.1500/- as by-stander expenses at the rate of Rs.250/- per day. The entire medical bills were also awarded. For pain and suffering the
appellant was awarded Rs.7500/- and loss of
MACANo.1341/2012
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amenities an amount of Rs.5000/-. For Pain and suffering there shall be an enhancement granted of Rs.12500/- and considering the fact that the petitioner has suffered a fracture, for loss of amenities, there should be a further amount of Rs.5000/- granted. Hence an additional amount of Rs.17500/- shall be paid with interest and cost as ordered by the Tribunal within a period of two months.
The appeal is allowed. No costs in the appeal.
Sd/K. Vinod Chandran, Judge
jma
1 issue framed by the court
Whether the compensation awarded by the Motor Accidents Claims Tribunal must be enhanced on appeal?
MAHAL MOHAN
BIJUMON
MATHEW
THE NEW INDIA ASSURANCE CO LTD
SAYAM KUMAR GOPIVILASAM
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
