Kerala High Court
Chellamma vs Cholamandalam Ms General ... on 11 March, 2022
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. 1840 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPMV 22/2018 DATED 25.2.2021 OF
ADDITIONAL M.A.C.T / IV ADDL. DISTRICT & SESSIONS COURT
PATHANAMTHITTA
APPELLANTS/PETITIONERS:
1 CHELLAMMA, AGED 61 YEARS
GIRI BHAVAN, KURAVAN PRACKAL, ELAVUMTHITTA P.O.,
MEZHUVELI, PATHANAMTHITTA DIST. - 689 625.
2 SURESH BABU, AGED 51 YEARS
GIRI BHAVAN, KURAVAN PRACKAL, ELAVUMTHITTA P.O.,
MEZHUVELI, PATHANAMTHITTA DIST. - 689 625.
3 SINDHU N., AGED 46 YEARS
SANKARALAYAM, POOZHIKADU, KUDASANADU P.O., MAVELIKKARA,
ALLEPPEY DIST. - 689 512.
BY ADVS.
T.K.BIJU (MANJINIKARA)
ANNIE M.ABRAHAM
RESPONDENT/R3:
CHOLAMANDALAM MS GENERAL INSURANCE CO LTD.
DARE HOUSE, 2ND FLOOR, NO.2, N.S.C.ROAD, CHENNAI -
600 001, REP. BY THE AUTHORIZED OFFICER.
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.1840 OF 2021 - 2 -
C.JAYACHANDRAN, J.
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M.A.C.A.No.1840 OF 2021
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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. Learned counsel appearing for the appellants and
the respondent/Insurance Company jointly submitted that
the matter can be settled by awarding Rs.82,000/- more
towards compensation, which may be adjusted as against
the head 'pain and suffering'. Accordingly, the amount
granted under that head is enhanced to Rs.87,000/-.
Sl. Head of Claim Amount Total amount
No. awarded by after
the Tribunal enhancement
(Rs.) in appeal
(Rs.)
1 Transportation Expenses 5000 5000
2 Damage to clothings 1500 1500
3 Medical Expenses and 15000 15000
funeral expenses
4 Pain and suffering 5000 87000
5 Loss of dependency 345000 345000
6 Loss of consortium 120000 120000
7 Loss of estate 15000 15000
Total 506500 588500
Amount enhanced = Rs.82,000/- (588500-506500)
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
