Appeal against the Motor Accidents Claims Tribunal award of Rs.27,906/- in favour of an injured mason. The Court found no merit as the amount was just considering injuries and dismissed the appeal without admission.
The Motor Accidents Claims Appeal was dismissed without admitting the same.
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
FRIDAY ,THE 02ND DAY OF NOVEMBER 2018 / 11TH KARTHIKA, 1940
MACA.NO. 3724 OF 2017
AGAINST THE AWARD IN O.P.(M.V.) NO.1951/2011 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOLLAM DATED 31-05-2016
APPELLANT/PETITIONER :
SHAJAHAN @ SHAJI, AGED 49 YEARS, S/O. MUHAMMED KUNJU, SUPERIOR NAGAR-74, KUREEPUZHA, KOLLAM WEST-691 601.
BY ADVS. SRI.PRATHEESH.P SMT.RENY ANTO
RESPONDENTS/RESPONDENTS 1 TO 3 :
1 RENJU. R, ANANDA BHAVAN, MARUTHADI, KOLLAM-691003.
2 BINU KUMAR, S/O KARUNAKARAN, ARYA BHAVAN, PANMANA, CHAVARA - 691583.
3 THE SHRIRAM, E8 EPIP RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN-302022.
BY ADVS. SRI.C.UNNIKRISHNAN (KOLLAM) SRI.P.JACOB MATHEW (BY ORDER)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This appeal is preferred against the award in O.P. (M.V.) No.1951 of 2011 of the Motor Accidents Claims Tribunal, Kollam. Appellant sustained injuries in a motor accident and the learned Tribunal awarded compensation of Rs.27,906/- (Rupees Twenty Seven Thousand Nine Hundred and Six only). Being aggrieved by that, the claimant preferred this appeal.
MACA.NO. 3724 OF 2017
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not holding a valid driving licence to drive the vehicle.
Medical College Hospital, Umayanalloor, Kollam was marked as Ext.A5, which shows the following injuries; two upper canines partially broken, one canine on left loose, tenderness over right chest upper part, painful movement right shoulder, abrasions 6x4 c.m on right upper arm, 6x5cm on right shoulder, 4x3 cm over right forearm and 4x2 cm over right chest upper part. The Tribunal awarded the following amounts as compensation. Loss of earnings Rs.2,500/-, Transportation to hospital Rs.1,000/-, Extra nourishment Rs.200/-, Damage to clothing and articles Rs.500/-, Others: (i) Salary and expenses for the bystander Rs.400/-, (ii) Medicine Rs.7,306/-, Compensation for pain and sufferings Rs.10,000/- and Compensation for loss of amenities and enjoyment Rs.6,000/-. The total compensation awarded is Rs.27,906/- (Rupees Twenty Seven Thousand Nine Hundred and Six only). The injured
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was a Mason by profession and was getting Rs.5,000/- per month. After considering the injuries, just amount was awarded by the Tribunal. There is no merit in this appeal
and it is dismissed without admitting the same.
Sd/- P.D. RAJAN, JUDGE
/True Copy/
NS
P.A. To Judge
2 issues framed by the court
Whether the compensation awarded by the Motor Accidents Claims Tribunal should be enhanced on grounds of inadequate assessment.
Whether the alleged lack of valid driving licence of the opposite party driver affects the quantum of compensation.
Shajahan @ Shaji
Renju. R
Binu Kumar
The Shriram
P.D. Rajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
