Kerala High Court
Babitha vs Sijil P.P on 19 September, 2019
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 19TH DAY OF SEPTEMBER 2019 / 28TH BHADRA,
1941
MACA.No.1388 OF 2019
AGAINST THE AWARD IN OPMV 310/2015 DATED 13-11-2018 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL VADAKARA
APPELLANT/RESPONDENT:
BABITHA
AGED 27 YEARS
D/O. BALAN, MALENDAKANDIYIL HOUSE, PONMERI
PARAMBIL P.O, VATAKARA TALUK, KOZHIKODE
DISTRICT-673 542
BY ADV. SRI.C.K.RAMAKRISHNAN
RESPONDENTS/RESPONDENTS:
1 SIJIL P.P
S/O. SURENDRAN, AGED 23 YEARS, ASWATHI,
KODUNGAMPURATH KUNI HOUSE, PURAMERI P.O,
VATAKARA TALUK, KOZHIKODE DISTRICT-6732525
2 MUHAMMED SHAFEEQUE K.M.
FATHER'S NAME AND AGE NOT KNOWN, RESNIYAS
(H), AZHIYUR P.O, VATAKARA TALUK, KOZHIKODE
DISTRICT-673 2525.
3 THE UNITED INSURANCE COMPANY
FASHION TOWER, N.H ROAD, CALTEX JUNCTION,
KANNUR DISTRICT, KERALA , PIN-670 002
R3 BY ADV. SRI.S.ARUN RAJ
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN
FINALLY HEARD ON 04-09-2019, THE COURT ON 19-09-2019
DELIVERED THE FOLLOWING:
MACA.No.1388 OF 2019
..2..
JUDGMENT
Dated this the 19th day of September 2019 This is an appeal preferred by the claimant in a proceedings for compensation before the Motor Accidents Claims Tribunal. As against the claim of Rs.4,50,000/-, the Tribunal has granted a sum of Rs.1,38,307/-. The claimant is aggrieved by the quantum of compensation granted by the Tribunal.
2. When the matter was taken up on 03.09.2019, the learned counsel on either side agreed that they would make an endeavour to settle the dispute relating to the quantum of compensation after consulting with their parties. The matter was, accordingly, adjourned for settlement and when the matter has come up today, the learned counsel for the insurer offered to the claimant Rs.28,500/- towards compensation for loss of earnings, Rs.5,000/- towards compensation for pain, Rs.5,000/- towards compensation for loss of amenities and Rs.10,000/- towards compensation for disfiguaration, in addition to the compensation already granted by the Tribunal. The learned counsel for the insurer MACA.No.1388 OF 2019 ..3..
has also offered to the claimant a consolidated sum of Rs.8,730/-, towards interest for the additional compensation offered. The total compensation with interest would, thus, come to Rs.57,230/-. The learned counsel for the insurer has offered in the place of Rs.57,230/-, a sum of Rs.58,000/-. The learned counsel for the claimant, after obtaining instruction from the party, agreed to accept the said amount towards full and final settlement of the claim for enhanced compensation made in the appeal. As required by the Court, a joint statement has also been submitted by the counsel on either side stating that the matter has been settled for a consolidated amount as indicated above.
3. On an evaluation of the facts and circumstances of the case and the materials on record, I am of the view that the additional compensation as also the interest offered by the insurer, as accepted by the claimant represent the just additional compensation to be granted to the claimant. The joint statement submitted by the counsel on either side will form part of the records in this matter.
4. In the circumstances, the impugned award is modified, granting to the claimant a sum of Rs.58,000/- (Rupees MACA.No.1388 OF 2019 ..4..
fifty eight thousand only) by way of additional compensation. The insurer shall deposit the additional compensation within 60 days from the date of receipt of a copy of the judgment, failing which the said amount would carry interest at the rate of 12% from the date of the judgment. Other directions contained in the award passed by the Tribunal will stand.
Sd/-
P.B.SURESH KUMAR, JUDGE kkj