Allowed

Raveendran Pillai v. Vasudevan

Kerala HC21 Jul 2022MACA/1587/2013

Case brief

AI extract

What is this about?

This court enhanced compensation for an appellant paralyzed in a motor accident under Section 163A. It allowed the appeal, recalculated loss of income based on 13 months, set total compensation at Rs. 3,30,300, and directed interest on the enhanced amount with specific instructions for bank transfer.

What did the court decide?

Compensation enhanced to Rs. 3,30,300; interest awarded on enhanced amount at 5% from date of petition, excluding 56-day delay period; insurance company directed to transfer via bank.

Raveendran Pillai Vs Vasudevan — Medical Negligence | Kerala HC (2022)

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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 C. JAYACHANDRAN

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THURSDAY, THE 21^ST DAY OF JULY 2022 / 30TH ASHADHA, 1944

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MACA NO. 1587 OF 2013

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AGAINST THE ORDER/JUDGMENT DATED 5.3.2013 IN OPMV 1689/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL

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PATHANAMTHITTA

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APPELLANT/PETITIONER:

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RAVEENDRAN PILLAI AGED 51 YEARS S/O.LATE MR.MANIYARU PANDARATHIL, ANNALMADOM(SHIPA BHAVAN),VISHNU BHAVAN, PAZHAKULAM WEST P O, PALLICKAL, ADOOR, PATHANAMTHITTA DIST, PIN-691523 BY ADV SRI.C.UNNIKRISHNAN (KOLLAM)

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RESPONDENTS/RESPONDENTS:

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1 VASUDEVAN AGED 44 YEARS S/O.RAGHAVAN, GIRISH SADHANAM, MITHRAPURAM P O, ADOOR, PATHANAMTHITTA DIST, PIN-691523

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2 THE NATIONAL INSURANCE COMPANY LTD ADOOR RAOD PATHANAMTHITTA BRANCH, REP BY ITS BRANCH MANAGER, PIN-689645.

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SRI.E.M.JOSEPH FOR R2

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MACA 1587/2013

C.JAYACHANDRAN, J.

-----------------------------------MACA No.1587 of 2013

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Dated this the 21^st day of July, 2022

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J U D G M E N T

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The injured in an accident which took place on 7.7.2004, who was the claimant in O.P(M.V) No.1689/2004 of the Motor Accident Claims Tribunal, Pathanamthitta, is the appellant herein. Although learned counsel for the appellant claims compensation under various heads as detailed in the memorandum of appeal, this being a claim under Section 163A of the Motor Vehicles Act, only the following claims are liable to be reckoned.

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Learned counsel for the appellant pointed out that no amount has been reckoned by the Tribunal towards loss of income for the actual period of disablement. Ext.A7 medical certificate was pressed into service to point out that the appellant had suffered paralysis of all four limbs and that his CT scan of cervical spine showed fracture of C5 and C6 vertebrae. It is also indicated that he requires prolonged treatment. That apart, Ext.A9 disability

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MACA 1587/2013

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certificate was brought to the notice of this Court, wherein his disability is seen assessed at 50%.

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Having regard to the paralysis of all the four limbs and permanent disability to the extent of 50%, this Court is inclined to reckon the maximum period of 13 months (52 weeks) for the loss of income. The income claimed is Rs.3,300/-. The amount of Rs.13,200/- already awarded by the Tribunal towards loss of income has to be deducted.

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The disability compensation has been fixed correctly by the leaned Tribunal, in respect of which there is no quarrel before this Court. Compensation on account of other heads claimed in the memorandum of appeal are not allowable, since the claim is one under Section 163A. In such circumstances, this M.A.C.A is allowed and the compensation payable to the appellant is re-worked as indicated in the tabular column shown hereunder:

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Sl. No.	Head of claim	Amount awarded by the Tribunal(Rs)	Total amount after enhancement in appeal (Rs.)
1	Loss of earning	13200	42900 (3300X13)
2	Medical Expenses	3700	3700
3	Bystanders expense	1500	1500
4	Pain and sufferings	5000	5000

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MACA 1587/2013

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5 Permanent disability and loss of amenities of life 277200	277200
Total 300600	330300
Amount enhanced=Rs.29,700(330300 –	300600)

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The Insurance Company shall pay interest for the amounts awarded by the Tribunal at the rate directed in the impugned award; and for the enhanced amounts at the rate of 5% from the date of petition. If any amount has already been paid, the same shall be granted set off. Since there was a delay of 56 days in filing the appeal, the interest for the enhanced quantum shall not run for the said period as directed in order dated 21.12.2021 in C.M.Appl.No.1/2013. The claimants shall produce the details of the Bank account before the Insurance Company/Tribunal within one month from the date of receipt of a certified copy of this judgment and amount shall be transferred to the Bank account directly through NEFT/RTGS mode, within a period of one month thereafter. If the Bank account is not furnished within the time stipulated, it is made clear that no interest shall run on the enhanced amount after the period stipulated by this Court. However, if the Insurance Company fails to deposit the amount as directed, interest on enhanced

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MACA 1587/2013

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amount shall also run at the rate ordered by the Tribunal from the date of petition.

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Sd/C.JAYACHANDRAN JUDGE

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Raveendran Pillai v. Vasudevan

Case brief

What is this about?

What did the court decide?

Raveendran Pillai v. Vasudevan

Case brief

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