Kerala High Court
J. Sheela vs The New India Assurance Company ... on 16 February, 2022
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. 4049 OF 2018
AGAINST THE AWARD DATED 05.10.2016 IN OP(MV) NO. 1191/2013 OF
MOTOR ACCIDENTS CLAIMS TRIBUNAL ,ERNAKULAM
APPELLANT/PETITIONER:
J. SHEELA
AGED 46 YEARS
W/O. MANOHARAN, 7/300 MAKAYIRAM HOUSE, PATTANAKAD
P.O., CHERTHALA, ALAPPUZHA
BY ADVS.
RAHUL SASI
SMT.NEETHU PREM
RESPONDENT/3RD RESPONDENT:
THE NEW INDIA ASSURANCE COMPANY LIMITED
M.G.ROAD, ERNAKULAM-682 021
BY ADV SRI.RAJAN P.KALIYATH
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. 4049 of 2018
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K.VINOD CHANDRAN, J
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M.A.C.A.No. 4049 of 2018
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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
No. by the Tribunal after
enhancement in
appeal
1 Loss of earning 5000 5000
2 Transportation Expenses 1500 1500
3 Extra nourishment 1000 1000
4 Damage to clothing 2000 2000
5 Medical Expenses 12000 12000
7 Pain and suffering 15000 20000
M.A.C.A.No. 4049 of 2018
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disfiguaration
or permanent disability
treatment
expectation in life
13 Compensation for loss of 1000 5000
amenities and enjoyment in
life
Total 39000 48000
Amount enhanced - Rs.48,000-Rs.39,000 = 9,000/-
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 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
M.A.C.A.No. 4049 of 2018
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amount as directed, interest shall run at the rate ordered by the
Tribunal. Since there was a delay of 686 days in filing the appeal,
interest of the enhanced quantum would not run for the said period.
The appeal is allowed to the above extent, on consent of both
parties.
Sd/-K.VINOD CHANDRAN
JUDGE
lsn
