Allowed

Roney Mathew v. United India Insurance Co.Ltd.

Kerala HC15 Feb 2022MACA/2594/2018

Case brief

AI extract

What is this about?

The court allowed the appeal against the Motor Accidents Claims Tribunal Award. It increased the monthly income used for compensation from Rs.3,000 to Rs.6,000 and awarded additional amounts for loss of amenities and future prospects, totaling Rs.3,78,207 with interest.

What did the court decide?

The appeal is allowed; the total compensation is fixed at Rs.3,78,207 with interest at 9%.

Roney Mathew Vs United India Insurance Co.Ltd. — 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 P.SOMARAJAN

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TUESDAY, THE 15^th DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943

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MACA NO. 2594 OF 2018 (B)

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AGAINST THE AWARD DATED 31.01.2018 IN OPMV No.1429/2015 OF MOTOR

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ACCIDENTS CLAIMS TRIBUNAL, PALAKKAD

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APPELLANT/PETITIONER:

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RONEY MATHEW, AGED 20 YEARS, S/o THOMAS, NAMATTATHIL HOUSE, NAMBULLYPURA POST, MUNDUR, PALAKKAD.

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BY ADVS. JACOB SEBASTIAN WINSTON K.V. ANU JACOB

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RESPONDENT/RESPONDENT:

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UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, 1st FLOOR, PAZHERI PLAZA, KODATHIPADI, MANNARKKAD, PALAKKAD DISTRICT, PIN-678582.

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BY ADV JOHN JOSEPH VETTIKAD

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING ON 15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MACA No.2594 of 2018

JUDGMENT

The petitioner came up against the award in so far as it is against him disputing the quantum of compensation arrived at by the tribunal. It is submitted that the Tribunal had applied Rs.3,000/- as the monthly income of the petitioner overlooking the legal position settled. The claim was for Rs.6,000/- per month. When the matter came up for hearing, the learned counsel for the respondent,

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based on the settled legal position, fairly conceded the same and as such, the appellant is entitled to Rs.6,000/as the monthly income for the purpose of computation of compensation.

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The appellant/petitioner has sustained loss of four teeth, but an amount of Rs.15,000/- alone was granted by way of loss of amenities, that too, without granting any amount towards loss of future prospects and abnormality on account of the loss of teeth, presumably on the reason that no such claim was made in the application. Taking into

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MACA No.2594 of 2018 3

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account the loss of amenities and loss of future prospects, it is fit and proper to grant an additional amount of Rs.10,000/-. It is ordered accordingly. The amount granted towards bystander's expenses for 31 days has to be re-assessed by applying an amount of Rs.250/- per day. Hence, the same would come to Rs.7,750/-. So the award modified by this court is as follows:

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Sl.No.	Head of claim	Amount awarded
1	Loss of earning (Rs.6000x6 months)	Rs.36,000
2	Transportation to hospital	Rs.1,000
3	Damage to clothing and articles	Rs.500
4	Extra nourishment	Rs.1,500
5	Expenses of a Bystander (Rs.250x31 days)	Rs.7,750
6	Treatment Expenses	Rs.1,04,457
7	Compensation for pain and suffering	Rs.40,000
8	Compensation for loss of future earning power – 6000x12x18x12.5/100	Rs.1,62,000

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MACA No.2594 of 2018

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9 Compensation for loss of Rs.25,000
amenities and enjoyment in
life
Total Rs.3,78,207
The total compensation would come to Rs.3,78,207/-
(Rupees three lakhs seventy eight thousand two hundred and
seven only) with interest at the rate of 9% from the date
of petition till the date of realization. The appeal is
allowed with proportionate cost.

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Sd/P.SOMARAJAN JUDGE

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DMR/-

Roney Mathew v. United India Insurance Co.Ltd.

Case brief

What is this about?

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Roney Mathew v. United India Insurance Co.Ltd.

Case brief

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