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2022 Supreme(Online)(Ker) 77388
IN THE HIGH COURT OF KERALA AT ERNAKULAM
GIREESH.F – Appellant
Versus
ALEXANDER MICHAEL – Respondent
MACA 400/2017
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 8TH DAY OF MARCH 2022 / 17TH PHALGUNA, 1943 MACA NO. 400 OF 2017 AGAINST THE AWARD DATED 30.08.2014 IN OPMV 914/2008 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ALAPPUZHA APPELLANT/PETITIONER:
GIREESH.F AGED 37 YEARS S/O.FRANCIS, KALARICKAL VELI HOUSE, SL PURAM PO,MARARIKULAM NORTH PANCHAYATH,WARD-13, ALAPPUZHA DISTRICT.
BY ADVS.
SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENTS/RESPONDENTS:
1 ALEXANDER MICHAEL S/O.MICHAEL, KOCHEEKKARAN VEEDU,CHETTICAD, PATHIRAPALLY PO, MARARIKULAM SOUTH PANCHAYATH, WARD-
13,ALAPPUZHA DISTRICT-688 521.
2 UNITED INDIA INSURANCE CO. LTD.
REPRESENTED BY ITS DIVISIONAL OFFICER, DIVISIONAL OFFICE, MULLACKAL, ALAPPUZHA-688 002.
BY ADVS.
SMT.V.T.KAVITHA SRI.P.MURALEEDHARAN SRI.P.MURALEEDHARAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.VINOD CHANDRAN, J ------------------------------------------------
M.A.C.A.No.400 of 2017 --------------------------------------------------
Dated this the 08th day of March, 2022
JUDGMENT
The appellant a 29 year old injured in an accident in the year
2007. The appeal is filed for claiming enhancement of compensation.
The appellant claims enhancement under various heads.
2. The disability was assessed at 15%. The Tribunal however reduced the disability percentage, because the assessment was made by an individual Doctor, who was not even examined before the Tribunal. This Court does not find any reason to interfere with the action of the Tribunal. However, the injury suffered by the appellant is a Type- I compound fracture of both bones in the leg. Hence, he would have definitely loss earning for three months. There is a nominal increase made in bystander expenses also. Compensation for pain and suffering and compensation for loss of amenities also are increased nominally. Enhancement is made as per the tabulation below:
Sl. No.
Head of Claim
Amount awarded by the Tribunal Rs
Total amount after enhancement in appeal Rs
1
Loss of earning
Nil
21000 (7000x3)
2
Transportation Expenses
2000
2000
3
Damage to clothing
500
500
4
Extra nourishment
1000
1000
5
Medical Expenses
2686
2686
6
Bystander Expenses
600
1200 (600x2)
7
Pain and suffering
10000
25000
8
Compensation for loss of amenities
5000
10000
Total
21786
63386
Amount enhanced – Rs.63386 – Rs.21786 = Rs.41,600/-
3. 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. Since there was a delay of 785 days in filing the appeal, interest on the enhanced quantum would not run for the said period. If any amounts have already been paid, the same shall be granted set off. The claimant(s) 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 given 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 the enhanced amount shall also run at the rate ordered by the Tribunal from the date of petition.
The appeal is allowed to the above extent.
Sd/- K.VINOD CHANDRAN JUDGE lsn
