Kerala High Court
Vishnu V Devan vs The Oriental Insurance Co. Ltd on 20 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA,
1943
MACA NO. 1160 OF 2012
AGAINST THE ORDER/JUDGMENT IN OPMV 1057/2001 OF I
ADDITIONAL DISTRICT COURT & I ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL ,KOLLAM, KOLLAM
APPELLANT/PETITIONER:
VISHNU V. DEVAN
S/O. VASUDEVAN PILLAI, VISHNU VIHAR,
AMBALATHUMBHAGOM.P.O., PORUVAZHY(VIA), KOLLAM
DISTRICT.
BY ADVS.
SRI.PRATHEESH.P
SMT.CHITHRA.S.BABU
RESPONDENT/2ND RESPONDENT:
THE ORIENTAL INSURANCE CO. LTD
CHINNAKKADA, KOLLAM-691001.
BY ADV DR.ELIZABETH VARKEY
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 20.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
M.A.C.A No.1160 of 2012
2
JUDGMENT
The petitioner in O.P.(MV) No.1057/2001
on the file of the I Additional Motor Accident
Claims Tribunal, Kollam is the appellant herein
and he canvasses increase in the award, being
dissatisfied with the award dated 02.08.2011.
2. The 2nd respondent - Insurance Company,
alone is the respondent herein.
3. The learned Tribunal marked Exhibits A1
to A8 in this case and finally awarded
Rs.32,000/- as against the claim of
Rs.1,50,000/-.
4. When the matter is taken up for
hearing, the learned counsel for the
appellant/petitioner submits that the appellant
herein, who sustained injuries viz., fracture
on fibia and injury on the forehead as evident
from Ext.A7 discharge card issued from the
District hospital, Kollam, is entitled
M.A.C.A No.1160 of 2012
enhanced compensation under two heads, i) pain
and sufferings and ii) loss of amenities.
5. The learned counsel for the Insurance
Company points out that the accident is of the
year 2001 and the standard to be adopted to fix
compensation in a case of 2001 is not similar
to that of 2010 or 2020. Therefore, the award
granted by the Tribunal is sufficient and no
increase is warranted.
6. On reading of Ext.A7 discharge card,
the contention raised by the petitioner/
appellant pointing out the injuries sustained
by the petitioner/appellant, could be gathered.
However, the Tribunal granted Rs.10,000/- under
the head pain and sufferings. The learned
counsel canvassed increase for a further sum of
Rs.5,000/- under this head and reasonable
amount more under the head of loss of
amenities.
7. I do not find any reason to deny the
M.A.C.A No.1160 of 2012
said claim in a case where the petitioner
sustained injuries as extracted above, by
applying the standard of assessment during 2001
as rightly urged by the learned counsel for the
petitioner. In view of the matter, Rs.5,000/-
more is granted under the head 'pain and
sufferings' and Rs.7,000/- more is granted
under the head of 'loss of amenities'. Thus,
the compensation granted by the Tribunal is
enhanced by Rs.12,000/- more and the said
amount shall carry interest at the rate of 7.5%
per annum from the date of petition till the
date of realisation excluding the period from
24.08.2001 to 29.06.2011 (the period in which
the petition was dismissed for default).
In the result, enhanced compensation of
Rs.12,000/- (Rupees Twelve Thousand Only) is
granted in addition to the amount already
awarded by the Tribunal under the impugned
award and the M.A.C.A is allowed as above with
M.A.C.A No.1160 of 2012
direction to the Insurance Company to deposit
the same in the name of the petitioner within
two months from today.
Sd/-
A.BADHARUDEEN, JUDGE.
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