Kerala High Court
E.M.Aboobacker vs E.K.Ajith on 19 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
SATURDAY, THE 19TH DAY OF FEBRUARY 2022 / 30TH MAGHA, 1943
MACA NO. 335 OF 2017
AGAINST THE AWARD IN OPMV 556/2008 OF DATED 17.02.2016 OF IV
ADDITIONAL MACT, THRISSUR
APPELLANT/PETITIONER:
E.M.ABOOBACKER
AGED 63 YEARS
S/O. MUHAMMED, RESIDING AT ELAYADI HOUSE, P.O,
PADIYAM, ANTHIKKAD, THRISSUR DISTRICT.
BY ADVS.
SRI.T.C.SURESH MENON
SRI.P.S.APPU
SRI.A.R.NIMOD
RESPONDENTS/RESPONDENTS:
1 E.K.AJITH
S/O. E.S. MADHAVAN, RESIDING AT ERANCZHATH HOUSE P.O.
THALIKULAM, THRISSUR - 680 569.
2 T.K. RAJESH
S/O. KUMARAN, RESIDING AT THOTTUPURA HOUSE,
PUTHANTHODE DESOM, THALIKKULAM VILLAGE, THRISSUR
DISTRICT, PIN - 680 569.
3 THE NEW INDIA ASSURANCE COMPANY LIMITED
BRANCH OFFICE: S.S.N. SHOPPING COMPLEX, TEMPLE ROAD,
THRIPRAYAR, P.O, NATTIKA, THRISSUR - 680 566.
BY ADVS.
SRI.K.A.SATHEESA BABU
SRI.P.JACOB MATHEW
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 19.02.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.No.335 of 2017
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K.VINOD CHANDRAN, J
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M.A.C.A.No.335 of 2017
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Dated this the 19th day of February, 2022
JUDGMENT
The appellant is concerned with the compensation awarded and
seeks for enhancement in the appeal.
2. Having gone through the award, this Court is of the opinion
that there is not much scope for enhancement. However, considering
the fact that loss of amenities have not been granted and also
considering the fact that there is an assessment of 4% disability, out
of which only 2% was taken by the Tribunal, this Court is of the
opinion that compensation for loss of amenities can be granted at
Rs.10,000/-.
3. 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. Since there was a delay of 220 days in filing the appeal,
interest for the enhanced quantum would not run for the said period.
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
M.A.C.A.No.335 of 2017
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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
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