Partly allowed

Jessy Thomas v. Vellppally Brothers

Kerala HC21 Aug 2008MACA/1654/2004

Case brief

AI extract

What is this about?

The High Court allowed the motor accident claims appeal partially. It rejected the contention that death 11 years later was attributable to minor injuries but awarded Rs. 10,000 to the appellants for permanent disability caused by the loss of a portion of one finger.

What did the court decide?

Appeal allowed to the extent of awarding Rs. 10,000 compensation for disability with interest at 7.5%.

Jessy Thomas Vs Vellppally Brothers — Motor Accident Claims | Kerala HC (2008)

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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 C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930

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MACA.No. 1654 of 2004()

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----------------------(AGAINST THE AWARD DATED 28/02/2003 IN OPMV.1012/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM)

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APPELLANT(S): APPELLANTS/LEGAL HEIARS OF THE CLAIMANT IN OP(MV):

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---------------------------------------------------------------1. SMT.JESSY THOMAS, AGED 43 YEARS, W/O. LATE K.L.THOMAS, KUDUNTHAYIL HOUSE, KIDANGOOR, KOTTAYAM.

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BIJIMOL THOMAS, AGED 26 YEARS, D/O. LATE K.L.THOMAS, KUDUNTHAYIL HOUSE, KIDANGOOR, KOTTAYAM.

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CIJIMOL THOMAS, AGED 24 YEARS, D/O. LATE K.L.THOMAS, KUDUNTHAYIL HOUSE, KIDANGOOR, KOTTAYAM.

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JOSE THOMAS, AGED 18 YEARS, S/O. LATE K.L.THOMAS, KUDUNTHAYIL HOUSE, KIDANGOOR, KOTTAYAM.

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BY ADV. SRI.A.INEES

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RESPONDENT(S): RESPONDENTS INI O.P(MV):

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--------------------------------------1. VELLAPPALLY BROTHERS, POST BOX NO.45, K.K.ROAD, KOTTAYAM, REPRESENTED BY ITS MANAGING PARTNER, MATHEW ALEXANDER.

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NEW INDIA ASSURANCE COMPANY LIMITED, KOTTAYAM, REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, KOTTAYAM.

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SRI.K.M.VARGHESE @ KUNJUKUTTY, KATTAPPURATHU HOUSE, MANGANAM KARA, VIJAYAPURAM VILLAGE, KOTTAYAM.

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ADV. SRI.M.SREEKUMAR FOR R1&3 SRI.P.G.GANAPPAN FOR R2

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SRI.M.V.JOSEPH FOR R1

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ.

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MACA No.1654 of 2004

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Dated, this the 21^st day of August, 2008

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J U D G M E N T

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Ramachandran Nair, J.

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Heard learned counsel for the appellants and learned standing counsel for the Insurance Company.

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The appeal is filed for enhancement of compensation awarded in O.P.(M.V.) No.1012/1994. Even though learned counsel for the appellants submitted that the injured, who was the husband of the 1^st appellant, died after a few years of accident and the said death is attributable to the injury and shock sustained in the accident, learned standing counsel for the Insurance Company vehemently opposed and contended that the injury sustained was minor in nature and the death occurred 11 years after the accident is not attributable to it. We do not think the claim of the appellants that the death of the injured is attributable to the accident because the injuries sustained were not serious in nature, even though accident was a serious one which led to death of another person and injury to others. In any case, we find force in the contention of the learned counsel for the appellants that the

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MACA No.1654/2004

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-2-

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loss of one finger will lead to a kind of disability and therefore the injured was entitled to compensation. Learned counsel for the Insurance Company contended that only middle finger of the left hand was amputated and the same will not lead to any disability. Having regard to the loss of substantial portion of one finger we feel, the injured is entitled to some compensation for the disability, which was rather permanent in nature. We, therefore, award a compensation of Rs.10,000/- under this head, which the Insurance Company is directed to deposit with interest @ 7.5% from the date of application till date of deposit.

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The appeal will stand allowed to the above extent.

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(C.N.RAMACHANDRAN NAIR, JUDGE)

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(V.K.MOHANAN, JUDGE)

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Jessy Thomas v. Vellppally Brothers

Case brief

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Jessy Thomas v. Vellppally Brothers

Case brief

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