Appeal against Motor Accident Claims Tribunal award. Court enhanced compensation by Rs.12,000/- under heads of pain and sufferings and loss of amenities considering 2001 assessment standards.
Enhanced compensation of Rs.12,000/- granted with interest at 7.5% per annum; insurance company directed to deposit amount within two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA,
1943
MACA NO. 1160 OF 2012
AGAINST THE ORDER/JUDGMENT IN OPMV 1057/2001 OF I ADDITIONAL DISTRICT COURT & I ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOLLAM, KOLLAM
APPELLANT/PETITIONER:
VISHNU V. DEVAN S/O. VASUDEVAN PILLAI, VISHNU VIHAR, AMBALATHUMBHAGOM.P.O., PORUVAZHY(VIA), KOLLAM DISTRICT.
BY ADVS. SRI.PRATHEESH.P SMT.CHITHRA.S.BABU
RESPONDENT/2ND RESPONDENT:
THE ORIENTAL INSURANCE CO. LTD CHINNAKKADA, KOLLAM-691001. BY ADV DR.ELIZABETH VARKEY
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
M.A.C.A No.1160 of 2012
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JUDGMENT
The petitioner in O.P.(MV) No.1057/2001
on the file of the I Additional Motor Accident Claims Tribunal, Kollam is the appellant herein and he canvasses increase in the award, being dissatisfied with the award dated 02.08.2011.
alone is the respondent herein.
to A8 in this case and finally awarded Rs.32,000/- as against the claim of
Rs.1,50,000/-.
hearing, the learned counsel for the
appellant/petitioner submits that the appellant herein, who sustained injuries viz., fracture
on fibia and injury on the forehead as evident
from Ext.A7 discharge card issued from the District hospital, Kollam, is entitled
M.A.C.A No.1160 of 2012
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enhanced compensation under two heads, i) pain
and sufferings and ii) loss of amenities.
the contention raised by the petitioner/ appellant pointing out the injuries sustained by the petitioner/appellant, could be gathered. However, the Tribunal granted Rs.10,000/- under the head pain and sufferings. The learned
counsel canvassed increase for a further sum of Rs.5,000/- under this head and reasonable
amount more under the head of loss of amenities.
M.A.C.A No.1160 of 2012
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said claim in a case where the petitioner sustained injuries as extracted above, by applying the standard of assessment during 2001 as rightly urged by the learned counsel for the petitioner. In view of the matter, Rs.5,000/more is granted under the head 'pain and sufferings' and Rs.7,000/- more is granted under the head of 'loss of amenities'. Thus, the compensation granted by the Tribunal is enhanced by Rs.12,000/- more and the said amount shall carry interest at the rate of 7.5% per annum from the date of petition till the date of realisation excluding the period from 24.08.2001 to 29.06.2011 (the period in which the petition was dismissed for default).
In the result, enhanced compensation of Rs.12,000/- (Rupees Twelve Thousand Only) is granted in addition to the amount already awarded by the Tribunal under the impugned award and the M.A.C.A is allowed as above with
M.A.C.A No.1160 of 2012
direction to the Insurance Company to deposit the same in the name of the petitioner within two months from today.
Sd/-
A.BADHARUDEEN, JUDGE.
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1 issue framed by the court
Whether the award by the Motor Accident Claims Tribunal should be enhanced based on the standard of assessment applicable in 2001?
VISHNU V. DEVAN
THE ORIENTAL INSURANCE CO. LTD
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
