Allowed

Majeed v. P.M.Abdul Rahiman

Kerala HC3 Oct 2007MFA/294/2001

Case brief

AI extract

What is this about?

In MFA.No. 294 of 2001, the High Court of Kerala allowed an appeal by an injured claimant from the undetermined order of the Motor Accidents Claims Tribunal, Alappuzha. The Court held that the Tribunal's award was insufficient and enhanced the compensation for loss of earning and pain and suffering.

What did the court decide?

Additional compensation of Rs. 16,000 awarded on the heads of loss of earning and pain and suffering, with interest at 7.5% from the petition date.

Majeed Vs P.M.Abdul Rahiman — Execution and Attachment | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE A.K.BASHEER

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WEDNESDAY, THE 3RD OCTOBER 2007 / 11TH ASWINA 1929

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MFA.No. 294 of 2001(B)

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OPMV.1234/1996 of ADDL.M. A. C. T., ALAPPUZHA

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APPELLANT/PETITIONER:

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MAJEED, S/O MUHAMMED KUNJU, VELIMPARAMBIL VEEDU, NEERKUNNAM MURI, AMBALAPUZHA VILLAGE, FROM THAZHICHAYIL, LAKSHAM VEEDU, KAKKAZHOM MURI, ALAPPUZHA VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA

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BY ADV. SRI.M.M.IRSHAD MOOPPAN

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RESPONDENTS/RESPONDENTS:

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P.M.ABDUL RAHMAN, S/O P.A.MUHAMMED MARTHANDAM PARAMBU, HOUSE NO.6/1528, KOCHI-2

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T.DEVADAS, S/O THANKA NADAR SARVODAYAGRAMAM,THOVALAPAKUTHIYIL KOTTARAM P.O. AGESTESWARAM TALUK, KANIYAKUMARI

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THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO. LTD., ALAPPUZHA

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B.KRISHNAKUMAR, KRISHNA NIVAS, KOMANA MURI, AMBALAPUZHA

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THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO. LTD. MULLACKAL, ALAPPUZHA

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RAMACHANDRAN PILLAI, OMANA NIVAS, AVALOOKUNNU P.O. , ALAPPUZHA

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BY ADV. SRI.KKM.SHERIF

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SRI.A.A.ZIYAD RAHMAN SRI.P.V.JYOTHI PRASAD

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THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 03/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.S.RADHAKRISHNAN & A.K.BASHEER, JJ.

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- - - - M.F.A.No.294 OF 2001

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- - - - Dated this the 3^rd day of October, 2007

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JUDGMENT

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Radhakrishnan, J

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The appellant is the claimant in O.P.(MV)No.1234/96. Aggrieved by the award in O.P.(MV)No.1234/96 on the file of the Additional Motor Accidents Claims Tribunal, Alappuzha, the appellant herein preferred this appeal. The question is to whether compensation awarded by the Tribunal is just and proper.

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Tribunal awarded an amount of Rs.6,000/- for loss of earning for the period under treatment and recovery. He was hospitalised for 42 days. Therefore, we are inclined to grant an additional amount of Rs.6,000/- on that head. For pain and suffering, Tribunal awarded an amount of Rs.10,000/-. Considering the entire aspects of the case, we are of the view that the claimant is entitled to get an additional amount of Rs.10,000/- on that head. Thus altogether Rs.16,000/- is

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M.F.A.No.294 OF 2001

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:: 2 ::

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awarded as additional compensation with interest at 7.5% from the date of the petition till payment.

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MFA is disposed of as above.

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K.S.RADHAKRISHNAN, JUDGE

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A.K.BASHEER, JUDGE

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jes

Majeed v. P.M.Abdul Rahiman

Case brief

What is this about?

What did the court decide?

Majeed v. P.M.Abdul Rahiman

Case brief

What is this about?

What did the court decide?

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