Kerala High Court
United India Insurance Company Ltd vs Adarsh B on 20 January, 2025
MACA NO. 820 OF 2021
and connected cases 1 2025:KER:5532
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 20TH DAY OF JANUARY 2025 / 30TH POUSHA, 1946
MACA NO. 820 OF 2021
AGAINST THE AWARD DATED 23.10.2020 IN O.P.(M.V.) NO.1192
OF 2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA
APPELLANT/3RD RESPONDENT :
UNITED INDIA INSURANCE COMPANY LTD
REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL
OFFICE, MULLACKAL P.O.,ALAPPUZHA DISTRICT-688 011.
REPRESENTED BY ITS MANAGER, MR. ARUN P.N, UNITED
INDIA INSURANCE CO LTD, REGIONAL OFFICE, SHARANYA,
HOSPITAL ROAD, KOCHI-682 011.
BY ADV S.K.AJAY KUMAR
RESPONDENTS/PETITIONER & RESPONDENT No.1,2,4 & 5 :
1 ADARSH B.
AGED 27 YEARS
S/O BABU D.M, DEVASWAM VELI HOUSE,
POLLETHAI P.O.MARARIKULAM SOUTH,
PANCHAYATH WARD-3,ALAPPUZHA DISTRICT-688 522.
2 RAVEENDRANATHAN NAIR,
AGE NOT KNOWN, S/O KRISHNA PILLAI, GENERAL OIL
SERVICES, BPC DEALER, CHINNAKKADA, KOLLAM-691 001.
3 SATHEESAN,
AGED 58 YEARS
S/O RAGHAVAN, 415 F (36/1840), THIRUVATHIRA VEEDU,
THEKKEVILA P.O.XVII, KOLLAM CORPORATION DIVISION,
KOLLAM-691 016.
MACA NO. 820 OF 2021
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4 SHAJI T.T,
THAMARAPPILLY HOUSE, POLLATHAI P.O.
MARARIKULAM SOUTH, PANCHAYATH WARD-4,
ALAPPUZHA DISTRICT-688 522.
5 ORIENTAL INSURANCE COMPANY LTD
REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICE,
NEAR SEEMATTI THEATRE, NORTH OF YMCA BRIDGE,
MULLACKAL P.O.,ALAPPUZHA DISTRICT-688 011.
BY ADVS.
SRI.A.T.ANILKUMAR
SRI.A.JANI(KOLLAM)
LATHA SUSAN CHERIAN
SMT.V.SHYLAJA
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 20.01.2025, ALONG WITH MACA NO.823/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 820 OF 2021
and connected cases 3 2025:KER:5532
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 20TH DAY OF JANUARY 2025 / 30TH POUSHA, 1946
MACA NO. 823 OF 2021
AGAINST THE AWARD DATED 23.10.2020 IN O.P.(M.V) NO.1193
OF 2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA
APPELLANT/3RD RESPONDENT :
UNITED INDIA INSURANCE COMPANY LTD,
REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL
OFFICE, MULLACKAL P.O, ALAPPUZHA DISTRICT -
688011, REPRESENTED BY ITS MANAGER, MR. ARUN P.N,
UNITED INDIA INSURANCE CO.LTD, REGIONAL OFFICE,
SHARANYA, HOSPITAL ROAD, KOCHI - 682011.
BY ADV S.K.AJAY KUMAR
RESPONDENTS/PETITIOENR & RESPONDENT NO.1,2,4 & 5 :
1 VINOD V.K,
AGED 41 YEARS
S/O. VISWAMBHARAN, NIKARTHIL HOUSE, POLLATHAI P.O,
MARARIKULAM SOUTH, PANCHAYATH WARD -13, ALAPPUZHA
DISTRICT - 688522.
2 RAVEEDRANATHAN NAIR, AGE NOT KNOWN,
S/O. KRISHNA PILLAI, GENERAL OIL SERVICES, BPC
DEALER, CHINNAKKADA, KOLLAM - 691001
3 SATHEESAN
AGED 58 YEARS
S/O. RAGHAVAN, 415F (36/1840),
THIRUVATHIRA VEEDU, THEKKEVILA P.O, XXVII,
KOLLAM CORPORATION DIVISION, KOLLAM - 691016.
MACA NO. 820 OF 2021
and connected cases 4 2025:KER:5532
4 SHAJI T. T
THAMARAPPILLY HOUSE, POLLATHAI P.O,
MARARIKULAM SOUTH, PANCHAYATH WARD -4, ALAPPUZHA
DISTRICT - 688522.
5 ORIENTAL INSURANCE COMPANY LTD
REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICE,
NEAR SEEMATTI THEATRE, NORTH OF YMCA BRIDGE,
MULLACKAL P.O, ALAPPUZHA DISTRICT - 688011.
BY ADVS.
SRI.A.T.ANILKUMAR
SRI.A.JANI(KOLLAM)
LATHA SUSAN CHERIAN
SMT.V.SHYLAJA
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 20.01.2025, ALONG WITH MACA NO.820/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 820 OF 2021
and connected cases 5 2025:KER:5532
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 20TH DAY OF JANUARY 2025 / 30TH POUSHA, 1946
MACA NO. 1923 OF 2021
AGAINST THE AWARD DATED 23.10.2020 IN O.P.(M.V.) NO.1192
OF 2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA
APPELLANT/PETITIONER :
ADARSH B.,
AGED 27 YEARS
S/O. BABU D.M., DEVASWOM VELI HOUSE,
POLLETHAI P.O., MARARIKULAM SOURT PW-3,
ALAPPUZHA DISTRICT-688523.
BY ADVS.
A.T.ANILKUMAR
V.SHYLAJA
RESPONDENTS/RESPONDENTS:
1 RAVEENDRANATHAN NAIR,
S/O. KRISHNAN PILLAI, GENERAL OIL SERVICES,
BPC-DEALER, CHINNAKKADA, KOLLAM (OWNER),
PIN-691001.
2 SATHEESAN R.,
S/O. RAGHAVAN E., 415F (36/1840),
THIRUVATHIRA HOUSE, THEKKEVILA P.O.
KOLLAM DISTRICT, PIN-691016.
3 UNITED INDIA INSURANCE COMPANY LTD.,
REPRESENTED BY DIVISION MANAGER,
DIVISIONAL OFFICE, MULLACKAL P.O.,
ALAPPUZHA DISTRICT-688011.
MACA NO. 820 OF 2021
and connected cases 6 2025:KER:5532
4 SHAJI T.T.,
THAMARAPPALLY HOUSE, POLLETHAI P.O.,
MARARIKULAM SOUTH, PANCHAYATH WARD, NO.4,
ALAPPUZHA DISTRICT-688523.
5 THE ORIENTAL INSURANCE COMPANY LTD.,
REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICER,
NEAR SEEMATTI THEATRE, NORTH OF YMCA BRIDGE,
MULLACKAL P.O., ALAPPUZHA DISTRICT-688011.
BY ADVS.
S.K.AJAY KUMAR
LATHA SUSAN CHERIAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 20.01.2025, ALONG WITH MACA NO.820/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 820 OF 2021
and connected cases 7 2025:KER:5532
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 20TH DAY OF JANUARY 2025 / 30TH POUSHA, 1946
MACA NO. 1974 OF 2021
AGAINST THE AWARD DATED 23.10.2020 IN O.P.(M.V.) NO.1193
OF 2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA
APPELLANT/PETITIONER :
VINOD.V.K.,
AGED 41 YEARS
S/O.VISWAMBHARAN, NIKARTHIL HOUSE,
POLLETHAI P.O., MARARIKULAM SOURT PW-3,
ALAPUZHA DISTRICT-688 523.
BY ADVS.
A.T.ANILKUMAR
V.SHYLAJA
RESPONDENTS/RESPONDENTS :
1 RAVEENDRANATHAN NAIR,
S/O.KRISHNAN PILLAI, GENERAL OIL SERVICES,
BPC DEALER, CHINNAKKADA, KOLLAM (OWNER),
PIN-691 001.
2 SATHEESAN.R.,
S/O.RAGHAVAN.E., 415F (36/1840),
THIRUVATHIRA HOUSE, THEKKEVILA, P.O.
KOLLAM DISTRICT, PIN-691 016.
3 UNITED INDIA INSURANCE COMPANY LTD.,
REPRESENTED BY DIVISIONAL MANAGER, DIVISIONAL
OFFICER, MULLACKAL P.O.,
ALAPPUZHA DISTRICT-688 011.
MACA NO. 820 OF 2021
and connected cases 8 2025:KER:5532
4 SHAJI.T.T.,
AGE AND S/O. NOT KNOWN TO THE PETITIONER
THAMARAPPALLY HOUSE, POLLETHAI P.O.,
MARARIKULAM SOUTH, PANCHAYATH WARD, NO.4,
ALAPPUZHA DISTRICT, PIN-688 523.
5 THE ORIENTAL INSURANCE COMPANY LTD.,
REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICER,
NEAR SEEMATTI THEATRE, NORTH OF YMCA BRIDGE,
MULLACKAL P.O., ALAPPUZHA DISTRICT-688 011.
BY ADVS.
S.K.AJAY KUMAR
LATHA SUSAN CHERIAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 20.01.2025, ALONG WITH MACA NO.820/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 820 OF 2021
and connected cases 9 2025:KER:5532
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 20TH DAY OF JANUARY 2025 / 30TH POUSHA, 1946
MACA NO. 2361 OF 2020
AGAINST THE AWARD DATED 08.05.2020 IN O.P.(M.V.) NO.1314
OF 2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA
APPELLANT/3RD RESPONDENT :
UNITED INDIA INSURANCE COMPANY LTD.
BRANCH OFFICE, ALAPPUZHA,
REPRESENTED BY ITS MANAGER, MR. ARUN P.N,
UNITED INDIA INSURANCE CO.LTD, REGIONAL OFFICE,
SHARANYA, HOSPITAL ROAD, KOCHI-682 011
BY ADV S.K.AJAY KUMAR
RESPONDENTS/PETITIONERS & RESPONDENT NO.1 & 2 :
1 PATHMAKUMARI
AGED 56 YEARS
W/O. SHAJI, THAMARAPPALLIL VEEDU,
POLLATHAI P.O, KALAVOOR, ALAPPUZHA-688 522
2 SHAJI,
60 YEARS, THAMARAPPALLIL VEEDU, POLLATHAI P.O,
KALAVOOR, ALAPPUZHA-688 522.
3 ARUN,
AGED 29, S/O. SHAJI, THAMARAPPALLIL VEEDU,
POLLATHAI P.O, KALAVOOR, ALAPPUZHA-688 522
4 SATHEESAN,
AGED 58 YEARS, S/O.RAGHAVAN, 415 F(36/1840),
THIRUVATHIRA VEEDU, THEKKEVILA P.O, XXVII,
KOLLAM CORPORATION DIVISION, KOLLAM-691 016.
MACA NO. 820 OF 2021
and connected cases 10 2025:KER:5532
RAVEENDRANATHAN NAIR,
5 S/O. KRISHNA PILLAI, GENERAL OIL SERVICES,
BPC DEALER, CHINNAKKADA, KOLLAM-691 001
BY ADV SRI.A.JANI(KOLLAM)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 20.01.2025, ALONG WITH MACA NO.820/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 820 OF 2021
and connected cases 11 2025:KER:5532
JUDGMENT
[MACA Nos.820/2021, 823/2021, 1923/2021, 1974/2021,
2361/2020]
These appeals arise out of the award of the Motor Accidents
Claims Tribunal, Alappuzha in O.P.(M.V.) Nos.1192 and 1193 of
2014 and O.P.(M.V.) No.1314 of 2014. The appellants in M.A.C.A
Nos.1923 and 1974 of 2021 are the claimants/petitioners in
O.P.(M.V.) Nos.1192 of 2014 and 1193 of 2014 respectively. The
claimants have approached this Court aggrieved by the quantum
of compensation awarded by the tribunal, whereas, the insurance
company filed M.A.C.A Nos.2361 of 2020, 820 of 2021, 823 of 2021
against the award passed by the Motor Accidents Claims Tribunal.
2. Since the facts leading to these appeals are common they
are being considered and disposed of together. M.A.C.A. No.2361
of 2020 is taken as the leading case.
3. On 21.6.2014 at 7.30 p.m., one Sri. Akhil was riding a motor
cycle bearing Registration No.KL-04/AE-3654 through the National
Highway within the jurisdiction of Mannancherry police station, a
tanker lorry bearing Registration No.KL-2/W-9917 hit the victim
leaving him to fall down and sustain injuries. Though the victim
MACA NO. 820 OF 2021
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was immediately taken to the hospital, he succumbed to the
injuries sustained in the accident. The other two claimants are the
pillion riders in the vehicle.
4. The claimants in O.P.(M.V.) No.1314 of 2014 are the legal
heirs of the deceased Akhil. They contended before the tribunal
that the deceased Akhil was working as a Marketing Executive in
the Mathrubhumi daily and was earning a monthly income of
Rs.30,000/-. In support of their claim Exts.A1 to A15 documents
were produced. PW1 and PW2 were examined on the side of the
claimants. No oral or documentary evidence was adduced from the
side of the insurance company. The tribunal, on appreciation of the
evidence, found that the claimants have succeeded in proving the
avocation and income of the deceased Akhil and therefore awarded
a total compensation of Rs.41,02,751/- (Rupees Forty One Lakhs
Two Thousand Seven Hundred and Fifty One only).
5. The finding of the tribunal in O.P.(M.V.) No.1314 of 2014 is
questioned by the insurance company only on the ground that the
deceased Akhil was under the influence of intoxicated liquor and
therefore had contributed towards the act. The tribunal, however,
refused to accept the aforesaid contention and proceeded to pass
the impugned award.
MACA NO. 820 OF 2021
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6. The appellant/petitioner in M.A.C.A. No.1923 of 2021
contended that he was a B.Com student at the time of accident,
whereas, the appellant/petitioner in M.A.C.A. No. No.1974 of 2021
contended that he was a Coolie worker. In support of their claim,
the claimants produced Exts.A1 to A31 documents and examined
PW1. Ext.X1 is the case record issued from the Lakeshore Hospital,
Ernakulam. The insurance company did not adduce any oral or
documentary evidence. The tribunal, on appreciation of the
evidence, accepted the contention regarding the income of the
appellant/petitioner in O.P.(M.V.) No.1192 of 2014 as Rs.15,000/-
per month and that of the appellant/petitioner in O.P.(M.V.)
No.1193 of 2014 as Rs.11,000/- per month. Though the tribunal
awarded compensation towards permanent disability to both
claimants, the tribunal did not add any future prospects on the
income. Hence the respective claimants have preferred the
appeals.
7. Heard Sri. S.K. Ajaykumar, the learned counsel appearing
for the appellant/insurance company in M.A.C.A. No.2361 of 2020
and M.A.C.A. Nos.820 and 823 of 2021, Smt. V. Shylaja, the learned
counsel for the appellant in M.A.C.A. Nos.1923 & 1974 of 2021 and
Smt. Latha Susan Cherian, the learned counsel appearing for the
MACA NO. 820 OF 2021
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5th respondent insurance company in M.A.C.A Nos.820, 823, 1974
and 1923 of 2021.
8. Sri. S.K. Ajayakumar, the learned counsel appearing for
the appellant/insurance company, with reference to the
postmortem certificate issued by the Director of Medical Education
dated 22.6.2014, contended that the blood samples of the deceased
Akhil were sent for further chemical analysis and the police
authorities did not produce any report which would have ultimately
prove that the deceased Akhil, the rider of the motorcycle, was
under the influence of liquor. He further relied on Ext.A3 produced
in O.P.(M.V.) Nos.1192 and 1193 of 2014 which prima facie proved
that all three, including the rider and pillion riders, were under the
influence of intoxicating liquor. He further pointed out that since
the rider of the motorcycle did not maintain a safe distance, the
tribunal ought to have attributed contributed negligence on the
rider of the vehicle and could not have fasten the entire liability on
the appellant/insurance company. In support of his contention, the
learned counsel relied on the decision of the Apex Court in Nishan
Singh and Others vs Oriental insurance company limited [Civil
Appeal No.10145 of 2016] [AIR 2018 SC 2118].
9. On the other hand, Smt. Shylaja, the learned counsel
MACA NO. 820 OF 2021
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appearing for the appellants/petitioners in O.P.(M.V.) Nos.1192 and
1193 of 2014 [MACA Nos.1923 and 1974 of 2021] contended that
the compensation awarded by the tribunal is not sufficient. Though
the claimant in O.P.(M.V.) No.1192 of 2012 suffered disability at
40%, the tribunal did not award any amount towards future
prospects. Similarly, under the non-conventional heads also, the
claimants are entitled for reasonable compensation.
10. I have considered the rival submissions raised across the
Bar.
11. It is noticed that though this Court in M.A.C.A. No.2361
of 2020 had issued notice to the claimants none appears despite
service and the appeal is taken up for final hearing.
12. The primary question to be considered in these appeals
is whether the rider of the motorcycle was under the influence of
intoxicating liquor and thereby contributed towards the accident.
The only evidence on record is Ext.A4 postmortem certificate,
produced in O.P.(M.V.) No.1314 of 2014, which shows that the blood
samples were taken and sent for chemical analysis. The fate of
chemical analysis remains a mystery. The insurance company could
have summoned the report from the police authority. On a contrary,
it is seen that no oral or documentary evidence was adduced by the
MACA NO. 820 OF 2021
and connected cases 16 2025:KER:5532
insurance company before the tribunal. Yet another piece of
evidence on which the insurance company relies is Ext.A3 wound
certificate produced in O.P.(M.V.) Nos.1192 & 1193 of 2014. No
doubt, Ext.A3 shows that the smell of alcohol was found in respect
of pillion riders. Even if the wound certificate is taken as such, it
passes one's comprehension as to how contributory negligence
could be attributed towards the rider of the motorcycle.
13. Coming to the decision relied on by the learned counsel
appearing for the Insurance Company in Nishan Singh (Supra) it
is pertinent to mention that the Apex Court decided the said issue
based on the concurrent findings recorded by the tribunal as well
as the High Court. No doubt, the Apex Court in terms of Rule 23 of
the Rules of Road Regulation, 1989, held that sufficient distance
had to be maintained between the vehicles. But it is pertinent to
mention that what is the sufficient distance is not defined in any
regulation. On the facts of that case, the Apex Court held that 10-
15 metres distance is not sufficient. Still further, there was no
evidence brought on record in that case to prove that the driver of
the truck had applied a sudden break as the cause of the accident.
On the contrary, in this case, the final report in Crime No.51 of
2014 attributed negligence towards the driver of the tanker lorry.
MACA NO. 820 OF 2021
and connected cases 17 2025:KER:5532
14. A perusal of Ext.A4 produced in O.P.(M.V.) No.1314 of
2020 shows that the police, after investigation, concluded that the
accident was caused due to applying of the sudden break by the
driver of the tanker lorry. Moreover, the report is also
conspicuously silent on the available distance between the lorry
and the motorcycle. In the absence of evidence this case would
certainly turn out to be detrimental to the interest of the insurance
company. The learned counsel for the insurance company would
also point out that, during the final trial of the case relating to
Crime No.51 of 2014, the witnesses were turned hostile, and the
driver of the vehicle was discharged and acquitted of the offences.
True, the said discharge may have a bearing on the findings of the
tribunal, but it is pertinent to mention that the acquittal and
discharge of the driver was not after a full-fledged trial and was
only because the witness turned hostile. Be that as it may, as on the
date of the rendering of the award by the tribunal, the evidence on
record would not even remotely suggest that contributory
negligence could be attributed towards the driver of the vehicle.
15. Viewed in the above perspective, the plea of the insurance
company that the contributory negligence ought to have been
attributed towards the rider of the motorcycle cannot be sustained.
MACA NO. 820 OF 2021
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This is more so because the insurance company failed to adduce
any oral or documentary evidence before the tribunal. Therefore,
this Court is left with no other alternative but to reject the
contention. Accordingly, M.A.C.A. Nos. 2361 of 2020, 820 of 2021
and 823 of 2021 fail and are dismissed accordingly.
16. Coming to the appeals preferred for enhancement of
compensation by the respective claimants, it is pertinent to
mention that the claimant in O.P.(M.V.) No.1192 of 2014 suffered
40% of disability. His income was fixed at Rs.15,000/- and the same
appears to be reasonable and no enhancement towards the income
fixed by the tribunal is required. However, having said so, the
claimant, who sustained 40% disability, was certainly entitled to
have future prospects on the income so fixed. It has come out in
evidence that the claimant was a B.Com student aged 20 years at
the time of accident. Hence he is entitled to get 40%
(15000x40%=6000) of the income towards future prospects and
thus the amount would come to Rs.21,000/-. Accordingly, the
appellant (Adarsh B) is entitled to get an amount of Rs.18,14,400/-
[21,000X12x18x40/100] towards permanent disability. The tribunal
has already awarded an amount of Rs.12,96,000/- on that head.
Hence the appellant is entitled to get an enhanced amount of
MACA NO. 820 OF 2021
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Rs.5,18,400/- under the head permanent disability. It has further
come out in Ext.A20 that the claimant had spent the expenses for
physiotherapy treatment for 365 days at Rs.650/- per day. From the
perusal of the impugned award no discussion is seen to be done by
the tribunal as to why the said claim is not acceptable. Coupled
with the fact that no contra evidence had been adduced before the
tribunal against Ext.20, this Court is of the view that an amount of
Rs.2,37,250/- (365x650) can be granted towards the expenses for
physiotherapy. In addition to the above, an amount of Rs.7382/-
(the amount shown in Ext.22) is granted as additional
compensation towards transportation charges. Accordingly, the
appellant in M.A.C.A. No.1923 of 2021 is entitled to get enhanced
compensation as follows:
Heads of claim Enhanced
compensation
Permanent disability 5,18,400
[18,14,400-12,96,000]
Expenses for physiotherapy 2,37,250/-
treatment (365x650)
Transport to hospital 7382
25000+7382
Total enhanced compensation 7,63,032
17. In M.A.C.A. No.1974 of 2021 the appellant/ petitioner was
MACA NO. 820 OF 2021
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a Coolie worker at the time of accident. The disability sustained by
him on account of the accident is fixed at 7% which the tribunal is
accepted. The income fixed is Rs.11,000/- which also appears to be
reasonable. What remains to be considered is regarding the
entitlement or enhancement under the head pain and sufferings as
well as loss of amenities. Considering the nature of injuries
suffered by the claimant, he is entitled for a nominal increase of
Rs.10,000/- each for Pain and sufferings and also Loss of amenities.
18. Accordingly the appellant/petitioner in M.A.C.A. No.1923
of 2021 is entitled to get an amount of Rs.7,63,032/- (Rupees Seven
Lakh Sixty Three Thousand and Thirty Two only) and the
appellant/petitioner in M.A.C.A. No.1974 of 2021 is entitled to get
an amount of Rs.20,000/- (Rupees Twenty Thousand only) as
enhanced compensation with 9% interest per annum from the date
of petition till realization with proportionate cost. The insurance
company shall deposit the amount within a period of two months
from the date of receipt of a copy of this judgment.
Appeals ordered accordingly.
Sd/-
EASWARAN S.
NS JUDGE
