Kerala High Court
Soosamma Bijoy vs Esakki Pandian on 24 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
MACA NO. 1855 OF 2019
AGAINST THE AWARD DATED 06.12.2018 IN OPMV 611/2014 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV & IV ADDL.
M.A.C.T, PATHANAMTHITTA
APPELLANTS/PETITIONERS 1 TO 3:
1 SOOSAMMA BIJOY
AGED 50 YEARS
VADAKOTTU PUTHEN VEEDU,KODUMON.P.O,
KODUMON VILLAGE,ADOOR TALUK.
2 LIBIN.B.THOMAS,
AGED 26 YEARS
VADAKOTTU PUTHEN VEEDU,KODUMON.P.O,KODUMON VILLAGE,
ADOOR TALUK.
3 LIGY.B.THOMAS,
AGED 26 YEARS
VADAKOTTU PUTHEN VEEDU,KODUMON.P.O,
KODUMON VILLAGE,ADOOR TALUK.
BY ADVS.
T.K.KOSHY
SRI.SABU I.KOSHY
SMT.V.V.RISANI
RESPONDENTS/RESPONDENTS 1 TO 3:
1 ESAKKI PANDIAN
S/O SUBAIHA THEVAR,35/A,MIDDLE STREET,MALAYAL
PUTHUR,MAVAD.P.O,NANGUMERI TALUK,THIRUVELVELI
DISTRICT,PIN-627107.
2 SUNITHA.V,
POURNAMI BHAVAN,KARAPUZHA.P.O,
VELLOOR,KOTTAYAM,PIN-686003.
3 MANAGER,BAJAJ ALLIANCE GENERAL INSURANCE CO.LTD,
REGISTERED OFFICE,ADDRESS
G.E.PLAZA,AIRPORT,YERWADA,PUNE-411006.
BY ADVS.
SRI.C.S.MANILAL
SRI.THOMAS M.JACOB
SRI.S.NIDHEESH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 24.02.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.No.1855 of 2019
- 2 -
K.VINOD CHANDRAN, J
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M.A.C.A.No. 1855 of 2019
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Dated this the 24th day of February, 2022
JUDGMENT
The appeal is only for enhancement. Having gone through
the compensation awarded, this Court is of the opinion that all the
contentions of the appellant have been considered and compensation
granted at more than Rs.65,00,000/-. The only contention surviving is
with respect to the loss of consortium. The Tribunal has granted
Rs.40,000/- under the head loss of consortium and Rs.40,000/- under
the head loss of love and affection. These two heads together do not
survive. But however, since there are three dependents; the wife and
two children, it is only proper that all of them are given Rs.40,000/-
each as loss of consortium. Hence, what can be enhanced is only
Rs.40,000/- as loss of consortium. The said enhancement is made in
the appeal.
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. If any amounts have already been paid, the same shall be
M.A.C.A.No.1855 of 2019
- 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
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