Varghese George vs The Manager, Cholamandalam ...
2022 Latest Caselaw 2742 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
     FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                        MACA NO. 1693 OF 2021
 AGAINST THE ORDER/JUDGMENT DATED 24.12.2020 IN OPMV 1188/2016 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, PATHANAMTHITTA /
                          II ADDL.M.A.C.T.
APPELLANT/PETITIONER:

          VARGHESE GEORGE
          AGED 68 YEARS
          S/O.P.V.GEORGE, PUTHEN PURACKAL HOUSE, NARKATHANI PO.,
          MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT.
          BY ADVS.
          T.K.BIJU (MANJINIKARA)
          ANNIE M.ABRAHAM


RESPONDENT/R4:

          THE MANAGER, CHOLAMANDALAM M.S.GENERAL INSURANCE
          COMPANY LIMITED
          KOTTAYAM - 686 601.
          BY ADV LINTO FRANCIS


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 MACA No.1693 OF 2021           - 2 -



                       C.JAYACHANDRAN, J.
                  --------------------------
                    M.A.C.A.No.1693 OF 2021
                -------------------------------
            Dated, this the 11th day of March, 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
  No.                                awarded by            after
                                     the Tribunal          enhancement
                                     (Rs.)                 in appeal
                                                           (Rs.)
  1      Loss of earning                        30000             42000
                                            (10000x3)         (10500x4)
  2      Transportation Expenses                 2000              2000
  3      Extra nourishment                       2750              2750
  4      Damage to clothings                     1000              1000
  5      Medical Expenses                      162100            162100


     6     Bystander's expenses                       2750                5500
                                                  (250x11)            (500x11)
     7     Pain and suffering                        40000               50000
     8     Loss of amenities and                     10000               24500
           enjoyment of life
     9     Permanent disability            24000         25200
           and loss of earning       (10000x12x5 (10500x12x5
           power                            x4%)          x4%)
                     Total                274100        315050

Amount enhanced = Rs.40,950/- (315050 - 274100)

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 on enhanced amount shall also run at

the rate ordered by the Tribunal from the date of

petition.

The appeal is allowed as indicated above.

Sd/-

C.JAYACHANDRAN JUDGE jg