In this motor accident appeal, the High Court modified the Tribunal's award by approving a settlement offer of Rs. 20,000 as additional compensation plus interest, dismissing the claim for a higher quantum. The appreciation of the award was confirmed otherwise.
Award enhanced by Rs. 20,000 on settlement; insurer to deposit within 60 days with 12% interest on delay.
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.B.SURESH KUMAR
MONDAY, THE 24TH DAY OF JUNE 2019 / 3RD ASHADHA, 1941
MACA.No.1811 of 2018
AGAINST THE AWARD IN OPMV 1161/2014 of MOTOR ACCIDENT CLAIMS TRIBUNAL , PALAKKAD
APPELLANT/S:
SATHASIVAM
AGED 57 YEARS, S/O. NOCHIMUTHU, 167,KOMARAPALAYAM, ELLAPATTI, ILANATHOPPU, KOMARAPALAYAM POST,WARD NO. 1,ERODE-638106. NOW RESIDING AT NEAR MURALI,RICE MILL, CHADAYANAL,KULAVANMOKE,KUZHALMANNAM, PALAKKAD 678 702.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
1 USHA NANDHINI W/O. P.K.V.MOHAN, PARAKKAL VEEDU,KIZHAKKETHARA, ATHIPOTTA, PALAKKAD 678 544(R.C OWNER OF THE BUS BEARING REG.NO. KL 49-66)
AGED 30 YEARS, S/O. KEALUKKUTTY,POOLAKKAPARAMBU, THOLANUR POST,PALAKKAD 678 722.
N.S TOWERS, NEAR STADIUM BUS STAND,COIMBATORE ROAD, PALAKKAD 678 013.POLICY NO.
76110031130100039576PERIOD OF INSURANCE 14-03-2014 TO 13-03-2015 (INSURER OF THE BUS BEARING REG. NO. KL 49-66)
BY ADV. SRI.M.M.IRSHAD MOOPPAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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MACA.No.1811 of 2018
JUDGMENT
This is an appeal preferred by the claimant in a proceedings for compensation before the Motor Accidents Claims Tribunal. As against the claim of Rs.20,00,000/-, the Tribunal has granted a sum of Rs.6,70,251/-. The claimant is aggrieved by the quantum of compensation granted by the Tribunal.
2. When the matter was taken up on 19.06.2019, the learned counsel on either side agreed that they would make an endeavour to settle the dispute relating to the quantum of compensation after consulting with their parties. The matter was, accordingly, adjourned for settlement and when the matter has come up today, the learned counsel for the insurer offered to the claimant Rs.8,000/- towards compensation for loss of earnings, Rs.8,000/- towards compensation for pain and sufferings, in addition to the compensation already granted by the Tribunal. The learned counsel for the insurer has also offered to the claimant a consolidated sum of Rs.3,600/- towards interest for the additional compensation offered. The total compensation with interest would, thus, come to Rs.19,600/-. The learned counsel for the insurer has
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MACA.No.1811 of 2018
offered in the place of Rs.19,600/- a sum of Rs.20,000/-. The learned counsel for the claimant, after obtaining instruction from the party, agreed to accept the said amount towards full and final settlement of the claim for enhanced compensation made in the appeal. As required by the Court, a joint statement has also been submitted by the counsel on either side stating that the matter has been settled for a consolidated amount as indicated above.
3. On an evaluation of the facts and circumstances of the case and the materials on record, I am of the view that the additional compensation as also the interest offered by the insurer, as accepted by the claimant represent the just additional compensation to be granted to the claimant. The joint statement submitted by the counsel on either side will form part of the records in this matter.
4. In the circumstances, the impugned award is modified, granting to the claimant a sum of Rs.20,000/- (Rupees twenty thousand only) by way of additional compensation. The insurer shall deposit the additional compensation within 60 days from the date of receipt of a copy of the judgment, failing which the said amount would carry interest at the rate of 12% from the date of
MACA.No.1811 of 2018
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the judgment. Other directions contained in the award passed by
the Tribunal will stand.
Sd/- P.B.SURESH KUMAR, JUDGE
kkj
1 issue framed by the court
Whether the quantum of compensation granted by the Motor Accidents Claims Tribunal requires enhancement.
Sathasivam
Usha Nandhini
Dasan
The New India Insurance Co. Ltd
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
