The Kerala High Court dismissed a first appeal filed by a pillion rider against the Motor Accidents Claims Tribunal. The court held that the awarded compensation of Rs. 5,000 was not inadequate and found the appeal to lack merits.
The first appeal filed by the appellant was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR
MONDAY, THE 9TH JULY 2007 / 18TH ASHADHA 1929
MFA.No. 892 of 2002()
--------------------OPMV.195/1999 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA
APPELLANT:
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KATHIKEYAN, S/O. KRISHNANKUTTY, UNNIKANDATHIL HOUSE, PATTANAKKAD P.O., CHERTHALA.
BY ADV. SRI.A.KRISHNAN
RESPONDENTS:
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1. ARUNADHARAN, UNNIKANDATHIL VEEDU, PATTANAKKAD P.O., CHERTHALA.
2. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., CHERTHALA.
BY ADV. SRI.M.A.GEORGE
THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 09/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.PADMANABHAN NAIR, J.
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M.F.A 892 of 2002
Dated this the 9th day of July, 2007
JUDGMENT
The petitioner in O.P(MV) 195/1999 on the file of the additional Motor Accidents Claims Tribunal, Alleppey, is the appellant. The appellant filed an Original Petition claiming compensation alleging that he sustained injuries in a motor vehicle accident which took place at 7 P.M on 16-111998. Admittedly the petitioner was a pillion rider in the motor cycle. He sustained a fracture of the left little toe and the Tribunal awarded a compensation of Rs. 5,000/- It cannot be said that the amount of award is inadequate. So I do not find any ground to interfere with the quantum of compensation. This appeal lacks merits and is only to be dismissed.
In the result, the appeal is dismissed
K.PADMANABHAN NAIR,JUDGE
es
Kathikeyan
Arunadharan
United India Insurance Company Ltd.
K. Padmanabhan Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
