Partly allowed

Thomas v. Amal

Kerala HC15 Sept 2021MACA/1504/2017

Case brief

AI extract

What is this about?

This Motor Accidents Claims Appeal involved a challenge to the Tribunal's assessment of permanent disability compensation based on the appellant's fractures. The Court modified the disability compensation using adjusted monthly income standards while upholding other award components, resulting in a partial allowance.

What did the court decide?

Award modified to Rs.51,300 for permanent disability; total modified award of Rs.1,80,800 with interest @ 9% p.a. ordered.

Thomas Vs Amal — Motor Accident Claims | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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WEDNESDAY, THE 15^TH DAY OF SEPTEMBER 2021 / 24TH BHADRA, 1943

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MACA NO. 1504 OF 2017

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AGAINST THE AWARD IN OPMV 64/2015 DATED 29.08.2016 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, MUVATTUPUZHA, ERNAKULAM

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APPELLANT/PETITIONER:

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THOMAS S/O.GEORGE, KANDATHUMKARAYIL HOUSE,KANNICKAL KARA, ELAPPILLIL VILLAGE,THODUPUZHA TALUK, IDUKKI DISTRICT

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BY ADVS. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY

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RESPONDENTS/RESPONDENTS:

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1 AMAL

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S/O.JAIMON THOMAS, AZHAKATHU HOUSE, ARAKKULAM KARA & POST, ARAKULAM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT 685531

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2 RELIANCE GENERAL INSURANCE CO. LTD. 4TH FLOOR, ELIZABATH ALEXANDER MEMORIAL BUILDING, MARINE DRIVE, SHANMUKHAM ROAD, COCHIN 682016

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BY ADV SRI.R.AJITH KUMAR

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :

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MACA NO. 1504 OF 2017

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JUDGMENT

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The amount awarded by the Motor Accidents Claims Tribunal is under challenge by the petitioner on the ground that he had sustained comminuted fracture (inter trochantric) left femur and fracture to right malleoulus besides two lacerated injury on the forehead and right lower limb below knee. Impatient treatment comes to ten days, and the medical fees comes to Rs.52,000/-. No disability certificate was produced. But taking into comminuted fracture to left femur and fracture to left malleoulus, the learned Tribunal applied 5% as permanent disability and monthly income @ Rs.7,000/-. Since the accident occurred in the 2014, it is fit and proper to assess monthly income @ Rs.9,500/- by relying

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MACA NO. 1504 OF 2017

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on the decision rendered in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Co. Ltd. [2011 (13) SCC 236] and the subsequent decision of Apex Court in Syed Sadiq v. Divisional Manager, United India Insurance Co.

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Ltd. [2014 (2) SCC 735] . Hence, the amount allowed under the head permanent disability can be modified to Rs.51,300/- (9500 x 12 x9 x 5%). Nothing was brought to the notice of this Court in order to have an interference with the amount awarded under other various heads. Hence, the award passed by the Tribunal will stand modified awarding an amount of Rs.51,300/- (Rupees fifty one thousand three hundred only) by way of permanent disability instead of Rs.37,800/-.

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It will carry interest as ordered by the

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learned Tribunal (@9% per annum). So the amount awarded would stand modified to

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MACA NO. 1504 OF 2017

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Rs.1,80,800/- (Rupees one lakh eighty thousand eight hundred only) with interest @ 9% per annum as ordered by the Tribunal from the date of the petition, i.e. 24.01.2015, till the date of realization.

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Appeal is allowed in part accordingly.

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Sd/-

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P.SOMARAJAN JUDGE

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SPV

Thomas v. Amal

Case brief

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What did the court decide?

Thomas v. Amal

Case brief

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