Allowed

Dhilhesh v. Kumaresan

Kerala HC13 Feb 2024MACA/434/2012

Case brief

AI extract

What is this about?

The High Court allowed the Motor Accident Claim Appeal against the Motor Accidents Claims Tribunal, Ottappalam. It enhanced the compensation awarded to the minor appellant for fracture injuries, granting an additional Rs.22,000/- for pain and suffering and loss of amenities, while leaving other heads unchanged.

What did the court decide?

Additional compensation of Rs.22,000/- to be paid by the insurance company with 8% interest from the date of petition.

Dhilhesh Vs Kumaresan — Execution and Attachment | Kerala HC (2024)

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MACA.No.434/2012

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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 ZIYAD RAHMAN A.A. TUESDAY, THE 13^TH DAY OF FEBRUARY 2024 / 24TH MAGHA, 1945

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MACA NO. 434 OF 2012

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AGAINST THE ORDER/JUDGMENT OPMV 1022/2008 OF MOTOR ACCIDENT

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CLAIMS TRIBUNAL, OTTAPPALAM

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APPELLANT/PETITIONER:

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DHILHESH,

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REPRESENTED BY HIS FATHER SEETHARAMDAS, S/O.AYYAKUTTY, RAMAKRISHNA HOUSE, KOTTATHARA.P.O., MANNARKKAD.

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BY ADVS.

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SRI.C.M.KAMMAPPU SMT.NIMA JACOB

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RESPONDENT/RESPONDENTS:

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1 KUMARESAN, S/O.ARUCHAMI, KOOTHADICHALA OORU, PETTIKKAL HOUSE, SHOLAYOOR.678 581.

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2 ARUCHAMI,

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FATHER'S NAME NOT KNOWN, 742, PETTIKKAL HOUSE, SHOLAYOOR.678 581.

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3 THE ORIENTAL INSURANCE CO.LTD., SHOBA, TSM COMPLEX, R.S.ROAD, PALAKKAD.678 001.

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BY ADVS.

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DR.ELIZABETH VARKEY

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MACA.No.434/2012

JUDGMENT

The appellant herein was the petitioner in O.P.(MV). No.1022 of 2008 of the Motor Accidents Claims Tribunal, Ottappalam. The said claim petition was submitted by him seeking compensation for the injuries sustained to him in a motor accident that occurred on 23.05.2008.

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According to the appellant, the accident occurred when he was knocked down by a jeep bearing registration No.KL-9G/4032, driven by the 1st respondent in a rash and negligent manner. The said vehicle was owned by the 2nd respondent and insured with the 3^rd respondent. Appellant was aged only 9 years at the time of the accident and he sustained serious injuries. The claim petition was submitted in such circumstances.

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The claim petition was resisted by the 3^rd respondent alone by filing a written statement, wherein they admitted the coverage of the policy but disputed the quantum of compensation.

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To substantiate the claim, the appellant produced and marked Exts.A1 to A11 from their side and the copy of the policy was marked as Ext.B1 from the side of the respondent. After

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MACA.No.434/2012

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examining the materials placed on record, the Tribunal found that the accident occurred due to the negligence of the 1^st respondent in driving the jeep and being the insurer, the 3^rd respondent was held liable to pay the compensation. The quantum of compensation was fixed as Rs.53,500/- and the said amount was directed to be deposited with interest at the rate of 8% from the date of petition till realization with proportionate costs. This appeal is submitted by the appellant in such circumstances seeking enhancement of compensation.

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Heard Sri.C.M.Kammappu, learned counsel for the appellant and Dr.Elizabeth Varkey, learned counsel for the 3^rd respondent.

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The main dispute in this case relates to the quantum of compensation. The appellant was a minor boy and he sustained a fracture of left femur. As part of treatment, he was inpatient for a period of 14 days. The amount awarded by the Tribunal towards pain and suffering was Rs.8,000/-. Considering the fact that the appellant sustained a fracture of femur, had undergone inpatient treatment for a period of 14 days in the hospital and continued the treatment even after being discharged, some additional

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MACA.No.434/2012

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amount can be granted under the said head. In the facts and circumstances of the case, I deem it appropriate to fix it as Rs.12,000/-. The next head which requires re-consideration is loss of amenities. Of course, it is true that no disability was sustained by the appellant. But the fact remains that he sustained injuries at a young age and it must have caused inconvenience to him to a greater extent. Therefore, some additional amount has to be granted. In the facts and circumstances of the case, I deem it appropriate to fix it as Rs.10,000/-. The amounts awarded by the Tribunal under the other heads appear to be reasonable and therefore, further modification is not required. Thus, the total additional compensation is Rs.22,000/- [12000+10000].

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In the result, this appeal is allowed. Award dated 31.08.2011 in O.P.(MV). No.1022 of 2008 on the file of the Motor Accidents Claims Tribunal, Ottappalam is hereby modified by granting an additional compensation of Rs.22,000/- (Rupees twenty-two thousand only). The said amount shall be deposited by the 3rd respondent with interest at the rate of 8% per annum from the date of petition till realization with proportionate costs. It is further ordered that the claimant shall furnish the details of the

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MACA.No.434/2012

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PAN Card, AADHAR Card and Bank details to enable the Insurance Company to make the deposit as ordered above, within a period of one month from the date of receipt of a copy of this judgment. In case, he fails to furnish the said details, it shall be open for the Insurance Company to deposit the said amount before the Tribunal.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

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DG/14.2.24

Dhilhesh v. Kumaresan

Case brief

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Dhilhesh v. Kumaresan

Case brief

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