Kerala High Court
Siyas vs Lalu.G 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. 909 OF 2017
AGAINST THE ORDER/JUDGMENT DATED 7.12.2016 IN OPMV 543/2011 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL ,PUNALUR
APPELLANT/PETITIONER:
SIYAS
S/O.T.N.SAINULABDEEN, SIYAS MANZIL, AYIRAKUZHY,
AYIRAKUZHY P.O., CHITHARA, KOTTARAKKARA TALUK, KOLLAM
DISTRICT.
BY ADV SRI.ANCHAL C.VIJAYAN
RESPONDENTS/RESPONDENTS:
1 LALU.G
S/O.GEEVARGHESE, MADATHILAZHIKATHU VEEDU, POREDAM P.O.,
CHADAYAMANGALAM, KOTTARAKKARA TALUK, KOLLAM DISTRICT,
PIN-691534.
2 THAJUDEEN
S/O.BASHEER, THAJU BHAVAN, PERUNGALLOOR, AYOOR P.O.,
AYOOR, KOLLAM DISTRICT, PIN-691533.
3 MS.ROYAL SUNDARAM ALLIANCE INSURANCE CO.LTD.
SUNDARAM TOWERS, 46 WHITES ROAD, ROYAPETTA, CHENNAI-
600014.
BY ADVS.
SRI.P.JACOB MATHEW FOR R3
SRI.MATHEWS JACOB SR. 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.909 OF 2017 - 2 -
C.JAYACHANDRAN, J.
--------------------------
M.A.C.A.No.909 OF 2017
-------------------------------
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 32000 32000
2 Transportation Expenses 6000 6000
3 Extra nourishment 5000 5000
4 Damage to clothings 1000 1000
5 a) Medical Expenses 80119 80119
b) Bystander's expenses 5100 6800
(300x17) (400x17)
6 Pain and suffering 30000 40000
7 Loss of amenities 15000 15000
8 Permanent disability 276480 489600
and loss of earning (8000x12x18 (8000x12x30
power x16/100) x17/100)
Total 450699 675519
Rounded to Rounded to
450700 675520
Amount enhanced = Rs.2,24,820/- (675520-450700)
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
