Allowed

Rarichan v. Jomet

Kerala HC21 Jul 2022MACA/2023/2014

Case brief

AI extract

What is this about?

The High Court enhanced various heads of compensation awarded to an injured passenger by the Motor Accidents Claims Tribunal after the appellant. The loss of earning was recalculated, and amounts for pain, suffering, amenities, and daily expenses were increased. The bank account details were ordered to be produced for payment.

What did the court decide?

Compensation enhanced from Rs.37,805 to Rs.59,305; interest awarded on enhanced amount at 5%; payment directed to bank account.

Rarichan Vs Jomet — Motor Accident Claims | 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. 2023 OF 2014

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OPMV 86/2008 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,THODUPUZHA

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APPELLANT/PETITIONER

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RARICHAN AGED 48 YEARS S/O.GOPALAN, ELAMPURAYIDATHIL HOUSE, PAZHAYARIKANDAM KARA, KANJIKKUZHY VILLAGE, PIN: 685 606. BY ADVS. SRI.C.M.TOMY SRI.MATHEW SKARIA

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RESPONDENTS/RESPONDENTS

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1 JOMET S/O.JOSEPH, PARAKKULANGARA HOUSE, KUZHICITY BHAGOM, THALLAKKANAM KARA, KUNJIKKUZHY VILLAGE, PIN: 685 606.

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2 ELDHO PAUL SO.PAULOSE THUNDINAL HOUSE VENGOOR P.O., VENGOOR, ERNAKULAM, PIN: 683 546. 3 UNITED INDIA INSURANCE CO. LTD. REPRESENTED BY ITS BRANCH MANAGER, PERUMBAVOOR, PIN: 683 542. BY ADV SMT.K.C.BEENA

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MACA.2023/2014

JUDGMENT

Dated : 21^st July, 2022

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The injured who was a passenger in an autorikshaw which capsized on 5.6.2007 is the appellant herein. He impugns the Award dated 12.9.2013 in OP(MV).No.86/2008 of the Motor Accidents Claims Tribunal, Thodupuzha. The injured was 42 years of old and was running a hotel at the time of accident. He claimed a monthly income of Rs.6000/-, whereas the Tribunal granted only Rs.4000/-. Of course, no proof of income was produced by the appellant/claimant. However, going by the index indicated in Ramachandrappa v. The Manager, Royal Sundaram Alliance Insurance Company Ltd. [(2011) 13 SCC 236] , the monthly income pertaining to the year 2007 is Rs.6000/-. Hence, the same is liable to be reckoned. Loss of earnings was reckoned by the Tribunal for a period of two months, although the appellant/claimant claimed four months. A perusal of the Award, at paragraph 10, would indicate

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MACA.2023/2014

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that the appellant had suffered head injury, with post traumatic deficit forehead, lacerated wound upper lip, lacerated wound and tissue loss 8x6 cm forehead and contusion left upper chest. He was an inpatient for a period of ten days. In such circumstances, this Court takes loss of earnings for a period of three months, instead of two months.

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Rs.15,000/- was granted as compensation under the head 'pain and suffering'. The above injuries suffered, requiring treatment as an inpatient for 10 days persuades this Court to enhance the same to Rs.20,000/-.

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Similarly, compensation under the head loss of amenities is enhanced to Rs.15,000/- from Rs.10,000/- granted by the Tribunal.

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Bystander expenses was calculated at the rate of Rs.200/- per day. The same is enhanced to Rs.250/- per day, since the accident was occurred in 2007.

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Similarly, compensation for extra nourishment is also reckoned at Rs.2000/- per day, instead of Rs.1000/- reckoned by the Tribunal.

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MACA.2023/2014

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The Award directed recovery of compensation from the first and second respondents, for the reason that the first respondent has no valid licence at the time of accident. The said direction is retained.

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In the above circumstances, this Appeal is allowed and the compensation payable to the appellant/claimant is enhanced as indicated below.

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Sl. No.	Head of claim	Amount awarded by the Tribunal(Rs)	Total amount after enhancement in appeal (Rs.)
1	Bystander expense	2000/-	2500/- (250 x
			10)
2	Loss of earning	8000/-	18000/-(6000 x
			3)
3	Transportation expense	1000/-	1000/-
4	Extra nourishment	1000/-	2000/-(200 per day x 10)
5	Medical expenses	305/-	305/-
6	Damage to clothing	500/-	500/-
7	Pain and sufferings	15000/-	20000/-
8	Loss of amenities	10000/-	15000/-
9	Disability	Nil	Nil
	Total	37,805/-	59,305/-
	Amount enhanced =Rs.21	,500/-(59,305	– 37,805)

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MACA.2023/2014

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

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Sd/-

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C.JAYACHANDRAN, Judge

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Mrcs

Rarichan v. Jomet

Case brief

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What did the court decide?

Rarichan v. Jomet

Case brief

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