Kerala High Court
Waltson @ Waltson Bennet vs V.R. Sini on 18 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
MACA NO. 2061 OF 2018
AGAINST THE AWARD IN OPMV 1099/2009 OF ADDITIONAL DISTRICT COURT &
SESSIONS COURT - IV, THIRUVANANTHAPURAM / I ADDITIONAL MACT
APPELLANT:
WALTSON @ WALTSON BENNET
S/O.BENNET.C AGED 30 YEARS
RESIDING AT T.C 44/406, VALIYATHURA, VALLAKADAVU
P.O.,THIRUVANANTHAPURAM
BY ADV SRI.BIJU BALAKRISHNAN
RESPONDENTS:
1 V.R. SINI, PONGUMOODU, MEDICAL COLLEGE
P.O.,THIRUVANANTHAPURAM, PIN - 695 011.
2 THE DIVISIONAL MANAGER, THE NATIONAL INSURANCE COMPANY
LTD.,SOUNDARYA BUILDINGS, P.B.NO.60,PUTHANCHANTHA,
THIRUVANANTHAPURAM, PIN-695 036.
3 BENNET. C RESIDING AT T.C. NO.44406
VALIYATHURAM, SAM NIVAS, VALLAKADAVU
P.O.,THIRUVANANTHAPURAM, PIN - 695 008.
4 THE DIVISIONAL MANAGER
THE ORIENTAL INSURANCE COMPANY LIMITED,ROHINI BUILDING,
THAKARAPARAMBU, FORT P.O.,THIRUVANANTHAPURAM,
PIN - 695 023.
BY ADVS.
SMT.P.K.SANTHAMMA
SRI.A.R.GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA No.2061/2018 - 2 -
K.VINOD CHANDRAN, J.
--------------------------
M.A.C.A.No.2061 OF 2018
-------------------------------
Dated, this the 18th 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 after
Tribunal enhancement in
appeal
` `
1 Loss of earning 20000 30000
6000*5
2 Transportation Expenses 4000 4000
3 Extra nourishment 1500 5000
4 Damage to clothing 1000 1000
5 Medical Expenses 31670 31670
6 Bystander Expenses 4000 10000
7 Pain and suffering 15000 25000
8 Loss of amenities 28800 28800
9 Disability 86400 518400
[6000*12*18*40%]
Total 192370 653870
Amount enhanced=653870-192370=461500
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. Since there
was a delay of 202 days in filing the appeal, the interest
for the enhanced quantum does not run for the said period.
The claimant 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 furnished 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 enhanced amounts shall
also run at the rate ordered by the Tribunal from the date
of petition.
The appeal is allowed to the above extent, on
consent of both parties.
Sd/-
K.VINOD CHANDRAN, Judge
jma
