Allowed

P.K.Abdullakunhi v. the Br. Manager, Oriental Insurance Co.

Kerala HC21 Aug 2008MACA/1793/2006

Case brief

AI extract

What is this about?

The High Court allowed the appeal and enhanced compensation by Rs.16,100/- to Rs.1 lakh, acknowledging 12-day hospitalisation prevented business attendance despite lack of specific proof of income loss. The insurer was ordered to deposit the amount with 7.5% interest.

What did the court decide?

Compensation enhanced by Rs.16,100/- to Rs.1 lakh; additional amount to be deposited by insurer with 7.5% p.a. interest.

P.K.Abdullakunhi Vs the Br. Manager, Oriental Insurance… — Motor Accident Claims | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : 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. 1793 of 2006(P) -----------------------OPMV.531/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD ....................

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APPELLANT(S): APPELLANT/PETITIONER

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P.K.ABDUKLLAKUNHI, S/O.MOHAMMED, BADIADKA, KADIADKA VILLAGE AND POST, PERDALA, KASARAGOD TALUK.

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BY ADV. SRI.GRASHIOUS KURIAKOSE

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RESPONDENT(S): ---------------

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THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD. NO. 663, IST FLOOR, I MAIN DEFENCE COLONY, NEAR M.B.CIRCLE, 100 FT. ROAD, INDIRA NAGAR, IST STAGE, BANGALORE-38.

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ADV. SRI.VPK.PANICKER 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 DELIVERED THE FOLLOWING:

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

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M.A.C.A. No.1793 of 2006

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

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JUDGMENT

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Ramachandran Nair, J.

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Heard counsel for the appellant and Standing Counsel for appearing for the Insurance Company. The appeal is filed for enhancement of compensation. The appellant's specific case is that income fixed at Rs.1,500/- per month for the purpose of grant of compensation is not tenable. According to the appellant, appellant was an income tax assessee and he was having a monthly income of Rs.20,000/-. However, from the records produced pertaining to income tax returns filed, the Tribunal noticed that income for the appellant was from business and from property. The appellant has not adduced any evidence to show reduction in income on account of accident or injury sustained by him for loss of business. There cannot be any variation for income from property on account of injury sustained by the appellant. Even though we do not find any basis for the MACT to fix appellant's income at Rs.1,500/- per month, we do not think appellant is entitled to compensation based on the income returned by him for the purpose of income tax because there is no evidence about reduction

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or loss of business after the accident. We feel appellant could have easily produced evidence about loss or reduction in business or income. However, having regard to the hospitalisation of the appellant for 12 days and consequent inability to attend to his business, we increase the compensation awarded under this head by Rs.16,100/- (rupees sixteen thousand one hundred) increasing the total compensation from Rs.83,900/- to Rs.1 lakh. The Insurance Company is directed to deposit the additional compensation amount with interest at 7.5% p.a. from date of application till date of deposit. The appeal stands 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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pms

P.K.Abdullakunhi v. the Br. Manager, Oriental Insurance Co.

Case brief

What is this about?

What did the court decide?

P.K.Abdullakunhi v. the Br. Manager, Oriental Insurance Co.

Case brief

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