Kerala High Court
Nizar C.H vs Roy Augustine 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. 3242 OF 2018
AGAINST THE ORDER/JUDGMENT IN OPMV 1157/2015 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL, PALA
APPELLANT/PETITIONER:
NIZAR C.H.
AGED 56 YEARS
S/O.HASSANKHAN, MULATHANAM HOUSE, ERATTUPETTA VILLAGE,
NADACKAL P.O., MEENACHIL TALUK, PIN 686 121.
BY ADVS.
C.M.TOMY
MATHEW SKARIA
JOY JOSEPH (MUNDACKAL)
MANU TOM
BALU TOM
RESPONDENTS/RESPONDENTS:
1 ROY AUGUSTINE, AGED 48 YEARS
S/O.AUGUSTINE, THANNICKAL HOUSE, EDANADU KARA,
VALLICHIRA VILLAGE, MEENACHIL TALUK, EDANADU P.O., PIN
686 574.
2 RAJI MATHEW
S/O MATHEW, PAMPLANIYIL HOUSE, BHARANANGANAM P.O.,
MEENACHIL TALUK, PIN-686578.
3 THE DIVISIONAL MANAGER
NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE,
CSI SQUARE, BAKER HILL, KOTTAYAM, PIN-686 001.
BY ADVS.
SRI.J.PRAKASH C.VADAKKAN
SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA No.3242/2018 - 2 -
C.JAYACHANDRAN, J.
--------------------------
M.A.C.A.No.3242 OF 2018
-------------------------------
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 earnings 24000 42000
(8000x3) (10500x4)
2 Transportation Expenses 3000 3000
3 Extra nourishment 5000 5000
5 Medical Expenses 38534 38534
6 Bystander/Attendant 2000 2000
Expenses
7 Pain and suffering 32000 32000
8 Loss of earning due to 79200 166320
permanent disability (8000x12x11 (10500x12x11
x7.5% x12%
9 Loss of amenities 12500 19000
10 Future treatment Nil 10000
Total 196734 318354
Amount enhanced = Rs.1,21,620/- (318354-196734)
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.
Since there was a delay of 139 days in filing the appeal,
the interest for the enhanced quantum shall not run for
the said period. 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
