Kerala High Court
Paul vs United India Insurance Company Ltd on 26 September, 2024
2024:KER:71951
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
THURSDAY, THE 26TH DAY OF SEPTEMBER 2024 / 4TH ASWINA, 1946
MACA NO. 1588 OF 2021
AGAINST THE ORDER/JUDGMENT DATED 01.06.2019 IN OPMV
NO.1734 OF 2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,ERNAKULAM
APPELLANT/PETITIONER:
PAUL
AGED 60 YEARS
S/O.JOSEPH, VELIPARAMBIL HOUSE, NEAR ST.ALOSIOUS
CONVENT, PALLURUTHY, KOCHI, PINCODE - 682 006.
BY ADVS.
MATHEWS K.PHILIP
T.MANASY
RESPONDENT/2ND RESPONDENT:
UNITED INDIA INSURANCE COMPANY LTD
T.P.CELL, JOS TRUST BUILDING, CHITTOOR ROAD, KOCHI,
PINCODE - 682 031.
BY ADV T.C.SOWMIAVATHY
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
26.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO.1588/2021
..2.. 2024:KER:71951
EASWARAN S., J
..................................................
MACA No.1588 of 2021
..........................................
Dated this the 26th day of September, 2024
JUDGMENT
The claimant in O.P.(MV)No.1734 of 2017 has come up
before this Court in an appeal against the Award dated
01.06.2019 passed by the Motor Accidents Claims Tribunal,
Ernakulam. The claimant was a Plant Operator in Amalgam
Sea Foods Company Limited.
2. On 30.05.2017 at 9.30 P.M., while the claimant was
walking through the side of Edakochi - Thoppumpady road near
kacheripadi, the 1st respondent rode the motorcycle bearing
Registation No.KL 7 BA 879 in a rash and negligent manner and
hit the petitioner, as a result of which petitioner sustained
multiple injuries. The Insurance Company appeared and
contested the claim. On behalf of the claimant, Exts.A1 to A10
were marked, however no oral evidence was adduced. The
Tribunal, based on the evidence on record, granted the
following compensation:
..3.. 2024:KER:71951
Heads Amount Amount
claimed awarded
(in Rs.)
Transport to hospital and back to home 10000 5000
Extra nourishment 10000 10000
Damage to clothes and articles 5000 2000
Bystander Expenses 25000 2500
Treatment Expenses 150000 66350
Compensation for pain and sufferings 100000 50000
Compensation for future treatment expenses 50000 0
Compensation for loss of amenities and comforts 70000 40000
Compensation for disfiguration 20000 0
Compensation for permanent disability 250000 0
Compensation for loss of earning power 250000 0
Loss of Earning 120000 46840
Total 10,60,000/- 2,22,690/-
Claim limited to Rs.2,50,000/-
3. I heard Smt.Manasy T. - learned counsel appearing
for the appellant and Smt.T.C.Sowmiavathy - learned Standing
Counsel appearing for the Insurance Company.
4. On a perusal of the Award, it is evident that the
Tribunal has reasonably assessed the compensation payable to
the appellant. Perhaps the only point of dispute according to
the learned counsel for the appellant is the non-awarding of the
compensation under the head future treatment. Ext.A10 is the
certificate issued by the Lourdes Hospital, which evidences the
fact that the claimant had sustained proximal tibial fracture of
..4.. 2024:KER:71951
left knee and had to be operated apart. The certificate dated
16.01.2019 shows that an approximate expenses of
Rs.50,000/- was required for the removal of the implant.
Though, Ext.A10 was produced, the Insurance Company did not
raise any substantial objection against Ext.A10. Therefore, the
Tribunal was not justified in not awarding any amount under
the head 'Compensation for future treatment expenses'.
5. Considering the facts and circumstances, this Court
is of the considered opinion that Ext.A10 could be taken in
evidence to prove the amount required for future treatment.
On all other heads, considering the injuries suffered by the
claimant, the assessment of the compensation is just and
proper and requires no interference by this Court in exercise of
its appellate powers, except for the grant of compensation
under the head future treatment.
Hence, the appeal is allowed, the Award dated
01.06.2019 in O.P.(MV)No.1734 of 2017 is modified and it is
declared that the appellant is entitled for an enhanced claim of
Rs.50,000/- towards future treatment.
The afore said amount shall be paid by the Insurance
..5.. 2024:KER:71951
Company within a period of one month from the date of receipt
of a copy of the judgment.
Appeal ordered accordingly. No order as to costs.
Sd/-
EASWARAN S.
JUDGE
ACR
