Joseph George vs Johnson George

Type Court Judgment Court Kerala Decided Jun 29, 2022

~4 min read

https://sooperkanoon.com/case/1470109

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1470109
Court: Kerala High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Jun 29, 2022
Case Number: MACA/357/2012

Parties & Advocates

Appellant / Petitioner

Joseph George

Respondent

Johnson George

Excerpt

.....earnings and the compensation granted under the head pain and sufferings and loss of amenities are also on lower side.7. in this case, as evident from ext.a7 discharge summary and ext.a2 wound certificate, the appellant sustained type i compound fracture both bones right forearm and he underwent inpatient treatment for a period of eleven days from 20.11.1999 to 30.11.1999.8. since the accident is of the year 1999, i am of the view that rs.3,000/- ought to be fixed as the ..5..monthly income for assessing loss of earnings. considering both bone fracture, loss of earnings atleast for a period of three months also to be granted as rightly argued by the learned counsel for the appellant. therefore, loss of earnings is re-calculated as under; 3,000x3=9,000/- out of which, rs.4,000/- was granted by the tribunal. rs.9,000-4,000=rs.5,000/-more is granted under the head loss of earnings.9. in this case, the tribunal grantedrs.10,000/- under the head pain and sufferings and it is submitted by the learned counsel for the appellant that rs.10,000/- more is to be granted under the head pain and sufferings and rs.15,000/- more is liable to be granted under the head loss of amenities. ..6..10. the learned counsel for the insurer resisted this contention on the submission that, since the accident is of the year 1999, the amount grantedunder the above heads are reasonably sufficient. therefore, further increase is not warranted. in view of the injuries and treatment, as i have already discussed, i am inclined to grant rs.10,000/- more under the head pain and sufferings and rs.15,000/- more under the head loss of amenities in this matter. in the result, this appeal is allowed. it is ordered that the appellant is entitled to get enhanced compensation to the tune of rs.30,000/-(rupees thirty thousand only) at the rate of 7.5% interest granted by the tribunal from the date of petition till the date of deposit or realisation excluding the period of 254 ..7.. days wherein, grant of.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944 MACA NO. 357 OF 2012 AGAINST THE AWARD IN OP(MV)NO.720/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MAVELIKKARA APPELLANT/PETITIONER : JOSEPH GEORGE, S/O.GEORGE, AGED 47 YEARS, MATTATHUKAL EBANEZER, CHERUMUKHA, NOORANAD, IRANIKADU P.O., MAVELIKKARA. BY ADVS. SRI.RASHEED C.NOORANAD SMT.ANITHA M.N. EKM RESPONDENTS/RESPONDENTS : 1 JOHNSON GEORGE, MATTATHUKALA, CHERUMUKHA, NOORANAD, IRANIKADU P.O., MAVELIKKARA-690503. 2 THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., THIRUVALLA-689101. R2 BY SMT.DEEPA GEORGE, STANDING COUNSEL THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2.. -----------------------------------------------

JUDGMENT

Award in O.P.(MV)No.720 of 2002 on the file of the Motor Accidents Claims Tribunal, Mavelikkara dated 29.12.2010 is under challenge in this appeal, as opted by the original petitioner before the Tribunal. Respondents herein are the respondents before the Tribunal.

2. Heard Adv.Smt.Anitha M.N., the learned counsel for the appellant and Adv.Smt.Deepa George, the learned Standing Counsel appearing for the second respondent/insurer. ..3..

3. Brief facts of the case are as follows; The allegation of the appellant is that on 20.11.1999 at about 4.00 p.m. near Malakkara junction in Chengannur-Kozhenchery road, when the motorcycle

bearing Registration No.KL-4F-8773, where the appellant was the pillion rider, driven by the first respondent in a rash and negligent manner and at a very high speed, when abruptly stopped the same, the appellant fell down and he sustained several injuries.

4. R2 filed written statement and disputed the accident, while admitting policy to the vehicle.

5. The Tribunal marked Exts.A1 to A8 on the part of the appellant. No evidence let in by the respondents. On appreciation of the said evidence, Rs.52,000/- was granted by the Tribunal as against the ..4.. claim of Rs.2,00,750/- in this case, involving accident of the year 1999.

6. While assailing the award, the learned

counsel for the appellant would submit that the Tribunal granted only Rs.4,000/- under the head loss of earnings and the compensation granted under the head pain and sufferings and loss of amenities are also on lower side.

7. In this case, as evident from Ext.A7 discharge summary and Ext.A2 wound certificate, the appellant sustained type I compound fracture both bones right forearm and he underwent inpatient treatment for a period of eleven days from 20.11.1999 to 30.11.1999.

8. Since the accident is of the year 1999, I am of the view that Rs.3,000/- ought to be fixed as the ..5..

monthly income for assessing loss of earnings. Considering both bone fracture, loss of earnings atleast for a period of three months also to be granted as rightly argued by the learned counsel for the appellant. Therefore, loss of earnings is re-calculated as under; 3,000x3=9,000/- Out of which, Rs.4,000/- was granted by the Tribunal. Rs.9,000-4,000=Rs.5,000/-more is granted under the head loss of earnings.

9. In this case, the Tribunal granted

Rs.10,000/- under the head pain and sufferings and it is submitted by the learned counsel for the appellant that Rs.10,000/- more is to be granted under the head pain and sufferings and Rs.15,000/- more is liable to be granted under the head loss of amenities. ..6..

10. The learned counsel for the insurer resisted this contention on the submission that, since the accident is of the year 1999, the amount granted

under the above heads are reasonably sufficient. Therefore, further increase is not warranted. In view of the injuries and treatment, as I have already discussed, I am inclined to grant Rs.10,000/- more under the head pain and sufferings and Rs.15,000/- more under the head loss of amenities in this matter. In the result, this appeal is allowed. It is ordered that the appellant is entitled to get enhanced compensation to the tune of Rs.30,000/-(Rupees Thirty Thousand only) at the rate of 7.5% interest granted by the Tribunal from the date of petition till the date of deposit or realisation excluding the period of 254 ..7.. days wherein, grant of interest was specifically disallowed by the order in C.M.Application No.1 of 2012 dated 16.12.2021. Sd/- A.BADHARUDEEN, JUDGE rkj

Same Court & Year Kerala · 2022 Same Parties Joseph George vs Johnson George Same Judge Honourable Mr. Justice a. Badharudeen