Kerala High Court
Tiju John vs The New India Assurance Company ... on 19 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. 3391 OF 2021
AGAINST THE AWARD IN OPMV 5/2017 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL,TRIVANDRUM
APPELLANTS:
1 RAVEENDRAN,
AGED 67 YEARS
S/O. VASUDEVAN, 469, 43, KAMALESWARAM,
THIRUVANANTHAPURAM.
2 ASWATHY S.R.,
AGED 30 YEARS
D/O. RAVEENDRAN, 470/2, INDEEVARAM, 43, KAMALESWARAM,
THIRUVANANTHAPURAM.
3 ANOOP S.,
AGED 27 YEARS
S/O. RAVEENDRAN, 43/470/2, INDEEVARAM, HOUSE NO. 39,
GANGA NAGAR, THIRUVANANTHAPURAM.
BY ADVS.
R.T.PRADEEP
M.BINDUDAS
K.C.HARISH
RESPONDENT:
THE NEW INDIA ASSURANCE COMPANY LIMITED,
REPRESENTED BY THE DIVISIONAL MANAGER, MOTOR 3RD PARTY
CLAIMS HUB, PANAMUKHAM BUILDING, GOVERNMENT PRESS ROAD,
THIRUVANANTHAPURAM-695001.
BY ADV P.JACOB MATHEW
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA No.3391/2021 - 2 -
K.VINOD CHANDRAN, J.
--------------------------
M.A.C.A.No.3391 OF 2021
-------------------------------
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 Total amount
. awarded by after enhancement
No the in appeal
. Tribunal `
`
1 Transportation Expenses 5000 5000
2 Loss of dependency 633636 792000
[10000*110%*9*12*2/3]
3 Funeral Expenses 15000 15000
4 Loss of consortium 135000 135000
Total 788636 947000
Amount enhanced - 947000 - 788636 = 158364/-
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 claimants 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 shall run at the rate ordered by the Tribunal.
The appeal is allowed to the above extent, on
consent of both parties.
Sd/-
K.VINOD CHANDRAN, Judge
jma
