Appeal seeking enhancement of compensation for injuries in a 2005 motorcycle-jeep accident. The High Court revised the monthly income to Rs.5,000, extended the loss-of-earnings period to three months, and enhanced amounts for pain and suffering and loss of amenities, granting an additional Rs.62,000.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945 MACA NO. 74 OF 2013
AGAINST THE AWARD DATED 19.10.2009 IN OP(MV)331/2005 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD, KALPETTA
APPELLANT/PETITIONER:
C.M.BABURAJ AGED 42 YEARS, S/O.MADHAVA KURUP, CHIRAKKAL HOUSEPORUR P.O., THALAPUZHA (VIA), MANANTHAVADY TALUK, WAYANAD DISTRICT PIN - 670 644.
BY ADV SRI.N.J.ANTONY
RESPONDENTS/RESPONDENTS:
1 N.G MANOJ AGED 32 YEARS, S/O.N.C.GEORGE, NELLIKUNNEL HOUSEMUTHIRERI, WAYNAD DISTRICT PIN 670 644. (DRIVER OF THE JEEP NO.KL-12/94 D.L.NO. NOT KNOWN)
2 AJITH, AGE NOT KNOWN, S/O.NARAYANAN NAIR LATHA NIVAS, THAVINHAL, MANANTHAVADY TALUK PIN 670 644 (OWNER OF THE JEEP NO.KL-12/94)
BY ADV SMT.P.A.REZIYA
ADV K S SANTHI-R3
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The appellant was the petitioner in O.P(M.V) No. 331/2005 on the files of the Motor Accidents Claims Tribunal, Kalpetta. The said claim petition was submitted by him seeking compensation for the injuries sustained in a motor accident that occurred on 05.04.2005.
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respondent was held liable to pay the compensation. The quantum of compensation was fixed as Rs.1,26,750/- and the said amount was directed to be deposited by the 3rd respondent with interest at the rate of 7.5% per annum from the date of petition till realisation with proportionate cost. This appeal is filed in such circumstances seeking enhancement of compensation.
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Rs.5,000/- can be taken as a reasonable figure. Accordingly, it is fixed as Rs.5,000/-. When reassessing the compensation with the revised monthly income and keeping the other parameters adopted by the Tribunal intact, the amount would come to Rs.48,000/[5000x12x16x5%]. After deducting Rs.24,000/- already awarded by the Tribunal, the additional amount would come to Rs.24,000/-.
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deem it appropriate to grant some additional amount under this head. In the facts and circumstances of the case, I find it proper to fix the amount towards pain and suffering as Rs.25,000/-, thereby resulting in an additional amount of Rs.13,000/-. No amount is seen granted towards loss of amenities and enjoyment of life. It has come out in evidence that he sustained very serious injuries and it resulted in physical disability as well. The physical disability he sustained will affect the quality of his life and therefore reasonable compensation needs to be granted towards the loss of amenities and enjoyment of life. Accordingly, an amount of Rs.15,000/- is awarded under the said head. Thus the total compensation is determined as Rs.62,000/- (24,000 + 10,000 + 13,000+15,000).
In the result, this appeal is allowed. The award dated 19.10.2009, in O.P.(M.V) No. 331/2005, passed by the Motor Accidents Claims Tribunal, Wayanad, Kalpetta is hereby modified by granting an additional compensation of Rs.62,000/-(Rupees sixty-two thousand only), which shall be deposited by the 3rd respondent with interest at the rate as ordered by the Tribunal and proportionate costs within a period of three months from the date of receipt of a copy of this judgment. As the delay of 1060 days in filing the appeal was condoned by this Court subject to the condition that the appellant shall not be entitled to claim interest for the said period, the 3rd respondent shall be entitled to exclude the said period while computing the interest on the
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additional compensation. It is further ordered that, the appellant shall furnish the details of PAN card, Aadhar Card and Bank details to enable the insurance company to make the deposit as ordered above within a period of two months from the 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.
Sd/-
ZIYAD RAHMAN A.A. JUDGE
rpk
1 issue framed by the court
Whether the compensation awarded by the Tribunal for injuries sustained in a motor accident requires enhancement.
Colour shows how this judgement treated each authority
Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd.Relied on¶6
(2011) 13 SCC 236 · Who else cites this
C.M.Baburaj
N.G Manoj
Ajith
United India Insurance Company Ltd
ZIYAD RAHMAN A.A.
As recorded by the court registry
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