Allowed

Sheeja K.Thomas v. Mathew

Kerala HC12 Aug 2008MACA/245/2003

Case brief

AI extract

What is this about?

The High Court enhanced compensation from Rs.1,76,280 to Rs.2.5 lakhs for a minor injured in a motor accident, recognizing serious consequences including extensive skin grafting, loss of one school year, and diminished marriage prospects. Interest at 7.5% was directed.

What did the court decide?

Compensation increased to Rs.2.5 lakhs with interest at 7.5% from date of application; K.S.R.T.C. directed to deposit amount.

Sheeja K.Thomas Vs Mathew — Motor Accident Claims | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR &

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THE HONOURABLE MR. JUSTICE V.K.MOHANAN

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TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930

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MACA.No. 245 of 2003 ( OPMV.1412/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM)

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.................... APPELANT/PETITIONER:

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SHEEJA K.THOMAS @ SHEEJA (MINOR), KUNNEL HOUSE, KANGAZHA KARA, PATHANADU VILLAGE, KANJIRAPPARA P.O., REPRESENTED BY HER NEXT FRIEND AND FATHER K.J.THOMAS S/O.JOSEPH THOMAS KUNNEL HOUSE, KANGAZHA KARA, PATHANADU VILLAGE, KANJIRAPPARA P.O.

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BY ADV. SRI.PHILIP T.VARGHESE SRI.P.R.RADHAKRISHNAN

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RESPONDENTS/RESPONDENTS:

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MATHEW, S/O.CHANDY, KUNNUMPURATHU IDAKKARICHIRAYIL HOUSE, CHENGALAM KARA, THIRUVARPPU VILLAGE, KOTTAYAM.

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KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR.

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ADV. SRI.JOHNSON P.JOHN - KSRTC.

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD

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ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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C.N.RAMACHANDRAN NAIR

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& V.K.MOHANAN, JJ.

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M.A.C.A.No. 245 of 2003 C

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Dated this the 12^th 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 counsel for the appellant and Standing Counsel appearing for the K.S.R.T.C.

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This appeal is filed for enhancement of compensation awarded for the major injury sustained by the appellant while she was only 13 years old. The M.A.C.T. found that the accident was caused by the bus belonging to the second respondent- Corporation. Considering the serious injuries sustained by the appellant who had to forego one year schooling on account of the same, the M.A.C.T. has awarded a total compensation of Rs.1,76,280/-. The case of the appellant is that the compensation granted under various heads are inadequate. In order to prove the expenditure incurred later for treatment for skin grafting etc., the appellant has produced the original bills before this Court towards transportation cost and medical bills, total of which

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MACA NO.245 OF 2003

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amounts to Rs.38,000/-. We find force in the contention of the appellant for enhancement of compensation because the injury sustained to the young girl was very serious and the M.A.C.T. has taken note of the extensive nature of the injury sustained by the appellant on her right hand which led to extensive grafting of her skin sourced from the thigh. The injury caused in the accident certainly affects the appellant's marriage prospects.

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We hold that the appellant is entitled to additional compensation incurred for further treatment, proof of which is produced before us. Besides this, we feel, further compensation is to be awarded for loss of academic year and reduction in prospects in marriage. Considering the evidence produced for treatment and transportation and considering the loss of one academic year in studying and prospects in marriage etc., we increase the compensation to Rs.2.5 lakhs from

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MACA NO.245 OF 2003

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Rs.1,76,280/-. The additional compensation will carry interest at the rate of 7.5% from the date of application till the date of deposit. K.S.R.T.C. is directed to deposit the amount in terms of the award.

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C.N.RAMACHANDRAN NAIR,

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Judge

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V.K.MOHANAN, Judge

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MBS/

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MACA NO.245 OF 2003

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C.N.RAMACHANDRAN

NAIR & JJ.

V.K.MOHANAN,

M.A.C.A.NO.245 OF 2003

J U D G M E N T

DATED:12-8-2008

MACA NO.245 OF 2003

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Sheeja K.Thomas v. Mathew

Case brief

What is this about?

What did the court decide?

Sheeja K.Thomas v. Mathew

Case brief

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