Madhavan.V vs The Manager
2022 Latest Caselaw 1736 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
  WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
                        MACA NO. 985 OF 2020
 AGAINST THE AWARD DATED 15.01.2020 IN OPMV 611/2018 OF           MOTOR
                 ACCIDENT CLAIMS TRIBUNAL,KASARAGOD
APPELLANT/PETITIONER IN THE O.P [M.V]:

            MADHAVAN.V
            AGED 59 YEARS
            S/O V.CHANDU, RESIDING AT KUNDA HOUSE, PERUMBALA
            VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT-671
            317.
            BY ADV R.KRISHNAKUMAR (CHERTHALA)


RESPONDENT/3RD RESPONDENT IN HT EO.P.[M.V]:

            THE MANAGER,
            NEW INDIA ASSURANCE COMPANY LIMITED, 1ST FLOOR, OASIS
            PLAZA, AMEY ROAD, KASARAGOD-671 121.
            BY ADV SMT.RAJI T.BHASKAR


     THIS   MOTOR   ACCIDENT   CLAIMS    APPEAL   HAVING   COME   UP   FOR
ADMISSION ON 16.02.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 M.A.C.A.No. 985 of 2020
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                      K.VINOD CHANDRAN, J
            ------------------------------------------------
                      M.A.C.A.No. 985 of 2020
           --------------------------------------------------
                  Dated this the 16th day of February, 2022

                                    JUDGMENT

The appeal against the award of the Tribunal is only on the

quantum. After hearing the matter for some time, based on the

precedents, this Court was of the opinion that enhancement can be

granted only on certain heads. Suggestions for settlement were put to

the learned Counsel appearing for the claimant and the learned

Standing Counsel for the Insurance Company. Both having agreed to

the suggestions made by this Court, the following enhancement is

made as per the tabulation below:

  Sl.   Head of Claim                   Amount awarded    Total amount after
  No.                                   by the Tribunal   enhancement in
                                                          appeal


  1     Loss of earning                 6000              15000 (5000 x 3)
  2     Others
        Medical Expenses                57764             57764
        Future treatment                -                 -
        Attender                        2250              2250
  3     Extra nourishment               4500              4500

  5     Transportation to hospital      10600             10600
  6     Pain and sufferrings            40000             40000
  7     Permanent disability            62208             216000
                                                          (5000x9x12x40%)
  8     Loss of earning power           -                 -
  9     Loss of amenities of life       10000             10000
 M.A.C.A.No. 985 of 2020
                                    - 3 -
                       Total            193822             356614

Amount enhanced -Rs. 3,56,614-Rs.1,93,822= 1,62,792/-

2. 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. 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 two weeks

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 two weeks 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.

The appeal is allowed to the above extent, on consent of

both parties.

Sd/-K.VINOD CHANDRAN JUDGE lsn M.A.C.A.No. 985 of 2020

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