Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 30TH DAY OF AUGUST 2019 / 8TH BHADRA, 1941 AGAINST THE AWARD IN OPMV 475/2011 DATED 27-06-2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOTTAYAM APPELLANT/PETITIONER: SAJI AGED 44 YEARS S/O. KARUNAKARAN, RESIDING AT GOPALAYAM, KARAPUZHA KARA, VELOOR VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. BY ADVS. SRI.S.JAYAKRISHNAN SRI.SANTHOSH THOMAS KANDAMCHIRA RESPONDENTS/RESPONDENTS:
1 JACOB CHACKO PARAPPOOTHRA, PUTHENANGADY, KARAPUZHA KARA, KOTTAYAM VILLAGE, -DO- DISTRICT-686 013. 2 VENUMON S/O. KUTTAPPAN, KAKKAMPARAMBIL, KALLUPURACKAL BHAGAM, VELLOOR KARA, VELLOOR VILLAGE, KOTTAYAM DISTRICT-686 501. 3 THE DIVISIONAL MANAGER NEW INDIA ASSURANCE CO. LTD., CENTRAL JUNCTION, KOTTAYAM-686 001. R3 BY ADV. SMT.P.K.SANTHAMMA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
JUDGMENT
Dated this the 30th day of August 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.4,19,000/-, the Tribunal has granted a sum of Rs.1,12,000/-. The claimant is aggrieved by the quantum of compensation granted by the Tribunal.
2. When the matter was taken up on 29.08.2019, 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.7,000/- towards compensation for loss of earnings,
Rs.10,000/- towards compensation for pain and sufferings, Rs.20,000/- towards compensation for loss of amenities and Rs.74,800/- towards compensation for permanent disability, in addition to the compensation already granted by the Tribunal. The learned counsel for the insurer has also offered to the claimant a ..3.. consolidated sum of Rs.23,562/-, towards interest for the additional compensation offered. The total compensation with interest would, thus, come to Rs.1,35,362/-. The learned counsel for the insurer has
offered in the place of Rs.1,35,362/-, a sum of Rs.1,00,000/-. 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.1,00,000/- (Rupees one lakh only) by way of additional compensation. The insurer shall ..4..
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