Joseph George vs Johnson George
2022 Latest Caselaw 7988 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
  WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                      MACA NO. 357 OF 2012
 AGAINST THE AWARD IN OP(MV)NO.720/2002 OF MOTOR ACCIDENT
                  CLAIMS TRIBUNAL, MAVELIKKARA
APPELLANT/PETITIONER    :

            JOSEPH GEORGE,
            S/O.GEORGE, AGED 47 YEARS,
            MATTATHUKAL EBANEZER,
            CHERUMUKHA, NOORANAD,
            IRANIKADU P.O., MAVELIKKARA.
            BY ADVS.
            SRI.RASHEED C.NOORANAD
            SMT.ANITHA M.N. EKM


RESPONDENTS/RESPONDENTS :

    1       JOHNSON GEORGE,
            MATTATHUKALA, CHERUMUKHA,
            NOORANAD, IRANIKADU P.O.,
            MAVELIKKARA-690503.
    2       THE BRANCH MANAGER,
            NATIONAL INSURANCE CO.LTD.,
            THIRUVALLA-689101.
            R2 BY SMT.DEEPA GEORGE, STANDING COUNSEL

     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION    ON   29.06.2022,   THE    COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 MACA No.357 of 2012
                                 ..2..




                      MACA No.357 of 2012
        -----------------------------------------------


                        JUDGMENT

Award in O.P.(MV)No.720 of 2002 on the file of

the Motor Accidents Claims Tribunal, Mavelikkara dated

29.12.2010 is under challenge in this appeal, as opted

by the original petitioner before the Tribunal.

Respondents herein are the respondents before the

Tribunal.

2. Heard Adv.Smt.Anitha M.N., the learned

counsel for the appellant and Adv.Smt.Deepa George,

the learned Standing Counsel appearing for the second

respondent/insurer.

MACA No.357 of 2012 ..3..

3. Brief facts of the case are as follows;

The allegation of the appellant is that on

20.11.1999 at about 4.00 p.m. near Malakkara junction

in Chengannur-Kozhenchery road, when the motorcycle

bearing Registration No.KL-4F-8773, where the

appellant was the pillion rider, driven by the first

respondent in a rash and negligent manner and at a

very high speed, when abruptly stopped the same, the

appellant fell down and he sustained several injuries.

4. R2 filed written statement and disputed

the accident, while admitting policy to the vehicle.

5. The Tribunal marked Exts.A1 to A8 on the

part of the appellant. No evidence let in by the

respondents. On appreciation of the said evidence,

Rs.52,000/- was granted by the Tribunal as against the MACA No.357 of 2012 ..4..

claim of Rs.2,00,750/- in this case, involving accident of

the year 1999.

6. While assailing the award, the learned

counsel for the appellant would submit that the Tribunal

granted only Rs.4,000/- under the head loss of earnings

and the compensation granted under the head pain and

sufferings and loss of amenities are also on lower side.

7. In this case, as evident from Ext.A7

discharge summary and Ext.A2 wound certificate, the

appellant sustained type I compound fracture both

bones right forearm and he underwent inpatient

treatment for a period of eleven days from 20.11.1999

to 30.11.1999.

8. Since the accident is of the year 1999, I

am of the view that Rs.3,000/- ought to be fixed as the MACA No.357 of 2012 ..5..

monthly income for assessing loss of earnings.

Considering both bone fracture, loss of earnings atleast

for a period of three months also to be granted as

rightly argued by the learned counsel for the appellant.

Therefore, loss of earnings is re-calculated as under;

3,000x3=9,000/-

Out of which, Rs.4,000/- was granted by the

Tribunal. Rs.9,000-4,000=Rs.5,000/-more is granted

under the head loss of earnings.

9. In this case, the Tribunal granted

Rs.10,000/- under the head pain and sufferings and it is

submitted by the learned counsel for the appellant that

Rs.10,000/- more is to be granted under the head pain

and sufferings and Rs.15,000/- more is liable to be

granted under the head loss of amenities. MACA No.357 of 2012 ..6..

10. The learned counsel for the insurer

resisted this contention on the submission that, since

the accident is of the year 1999, the amount granted

under the above heads are reasonably sufficient.

Therefore, further increase is not warranted. In view of

the injuries and treatment, as I have already discussed,

I am inclined to grant Rs.10,000/- more under the

head pain and sufferings and Rs.15,000/- more under

the head loss of amenities in this matter.

In the result, this appeal is allowed. It is

ordered that the appellant is entitled to get enhanced

compensation to the tune of Rs.30,000/-(Rupees

Thirty Thousand only) at the rate of 7.5% interest

granted by the Tribunal from the date of petition till the

date of deposit or realisation excluding the period of 254 MACA No.357 of 2012 ..7..

days wherein, grant of interest was specifically

disallowed by the order in C.M.Application No.1 of 2012

dated 16.12.2021.

Sd/-

A.BADHARUDEEN, JUDGE rkj