The High Court allowed the Motor Accident Claims Appeal partly and enhanced the compensation payable by the respondent insurer to the injured appellant by an additional amount of Rs.29,000/-.
Enhanced compensation of Rs.29,000/- granted; insurer directed to deposit within two months.
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 A. BADHARUDEEN WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA,
1943
MACA NO. 1445 OF 2012
AGAINST THE AWARD IN OP(MV)NO. 1286/2007 OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM DATED 30.3.2011
APPELLANT/PETITIONER :
SHAJIMON
S/O PEER MOHAMMED RAWTHER, SHAJI MANZIL, MUTHOOR P.O., THIRUVALLA, NOW RESIDING AT CHUDUKATTU PARAMBIL HOUSE, PERUNNA P.O., CHANGANACHERRY.
BY ADV SRI.P.S.PRADEEP
RESPONDENT/RESPONDENT NO.3 :
THE NEW INDIA ASSURANCE CO. LTD., CHANGANOOR BRANCH, KOTTAYAM, PIN:686 101.
BY SRI.PADMANABHA PANICKER, STANDING COUNSEL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP
FOR ADMISSION ON 20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA No.1445 of 2012
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M.A.C.A.No.1445 of 2012
J U D G M E N T
The petitioner in O.P.(MV)No.1266 of 2007 on the file of the Motor Accidents Claims Tribunal, Kottayam, who is dissatisfied with the quantum of compensation awarded by the learned Tribunal, has approached this Court by filing this appeal. The original third respondent is the sole respondent in this appeal.
2. Brief facts of the case:
The petitioner, who admittedly working as Overseer in KSEB, met with an accident on 30.09.2006 at about 5.30 p.m. while riding on his Honda Activa Scooter bearing registration No.KL-3M-3216 and he sustained injuries in consequence thereof. Arraying negligence against the first
MACA No.1445 of 2012
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respondent, the driver of the mini school bus bearing registration No.KL-4J-4058, the petitioner claimed Rs.7 lakh as compensation.
appellant/petitioner as well as the learned counsel for the insurance company.
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month for the purpose of calculating loss of earnings as well as disability income. Repelling this submission, it is submitted by the learned counsel for the insurance company that, admittedly, the appellant is a person having permanent employment as Overseer in KSEB and no document is produced to show any loss of earnings or to show any loss of income due to the accident so as to entitle him for the above claims.
canvassed increase on the above heads, after a while, the learned counsel conceded that since the appellant has been working as a permanent employee in KSEB, the appellant is satisfied with the increase in the other heads which he is entitled considering the nature of injuries as well as the treatment thereof for a period of twelve days. In view of the submission, I have perused wound certificate and discharge certificate marked as Exts.A5 and A6 issued from Pushpagirl Medical College Hospital. The above documents would
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substantiate the fact that the appellant sustained lacerated wound on the right side of forehead, multiple abrasions on the face, diplopia right eye and sub conjunctival haemorrhage right eye.
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MACA No.1445 of 2012
In the result, this appeal is allowed in part. It is ordered that the appellant is entitled to get enhanced compensation to the tune of Rs.29,000/- (Rupees Twenty Nine Thousand only) at the rate of 7.5% interest granted by the Tribunal excluding the amount already granted by the Tribunal from the date of petition till the date of deposit or realisation. The insurance company is directed 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 quantum of compensation awarded by the Tribunal for loss of earnings, pain and suffering, loss of amenities, and extra nourishment requires enhancement.
SHAJIMON
THE NEW INDIA ASSURANCE CO. LTD.
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
