Muhammed Faiz P vs The United India Insurance ...
2022 Latest Caselaw 1889 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. 2712 OF 2017
AGAINST THE AWARD     IN OPMV 662/2013 DATED 21.04.20417 OF MOTOR
                 ACCIDENT CLAIMS TRIBUNAL , MANJERI
APPELLANT/CLAIMANT:

            MUHAMMED FAIZ P
            AGED 20 YEARS
             S/O.KUNHIKKOYA P., PARI HOUSE, MANGATTUPULAM, KODUR
            P.O., MALAPPURAM DISTRICT.
            BY ADV SRI.K.DILIP


RESPONDENTS/RESPONDENTS:

    1       THE UNITED INDIA INSURANCE COMPANY LTD
            KILIYAMANNIL PLAZA, 2ND FLOOR, MANJERI ROAD,
            MALAPPURAM-676505.
    2       UBAIDAULLA
            S/O.BEERAN, THEKKETH HOUSE, MAKKARAPPARAMBA P.O.,
            MALAPPURAM-676505 (DRIVER).
    3       FIROZ T.
            S/O.ABDUL KAREEM, THEKKETH HOUSE, MAKKARAPPARAMBA
            P.O.,MALAPPURAM-676505 (R.C.OWNER).
            BY ADV SMT.P.K.SANTHAMMA


     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. 2712 of 2017
                                   - 2 -
                     K.VINOD CHANDRAN, J
           ------------------------------------------------
                     M.A.C.A.No. 2712 of 2017
          --------------------------------------------------
                 Dated this the 16th day of February, 2022



                                 JUDGMENT

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

quantum. The injuries sustained by the petitioner from the accident

are the following : Fracture of mandible-right parasymphysis and

fracture of left ramus, one tooth avulsed and lost, crown of two teeth

were fractured. He also suffered multiple facial abrasions, laceration of

upper lip with tissue loss and multiple laceration of lower lip. The

Tribunal awarded total amount of Rs.1,49,100/-. Considering the

injuries, the extra nourishment and bystander expenses can be

increased at the rate of Rs.500/- each per day. As far as

compensation for pain and suffering the same can be increased to

Rs.30,000/-. Hence the enhanced compensation would be

Rs.12,800/-, which shall be paid with 5% interest.

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 M.A.C.A.No. 2712 of 2017

- 3 -

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