Allowed

Andamma John v. K.K.John

Kerala HC11 Aug 2008MACA/438/2003

Case brief

AI extract

What is this about?

This is a motor accident claims appeal regarding enhancement of compensation. The Court increased the awarded compensation from Rs. 26,300 to Rs. 40,000 due to loss of three teeth. It directed the insurer to deposit the additional amount with interest and the Tribunal to release the total sum without delay.

What did the court decide?

Compensation enhanced to Rs. 40,000; additional amount to be paid with 7.5% interest; Tribunal ordered to release full amount immediately.

Andamma John Vs K.K.John — Motor Accident Claims | Kerala HC (2008)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR &

¶4

THE HONOURABLE MR. JUSTICE V.K.MOHANAN

¶5

MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930

¶6

MACA.No. 438 of 2003()

¶7

---------------------OPMV.362/1992 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM

¶8

APPELLANT(S): APPELLANT - PETITIONER

¶9

¶10

ANDAMMA JOHN, W/O.JOHN, KODUVELIL HOUSE, ERUVUCHIRA P.O., THOTTAKADU, KOTTAYAM.

¶11

BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B.

¶12

RESPONDENT(S): RESPONDENTS

¶13

¶14

K.K.JOHN, S/O.MANI KURIAKOSE, KODUVELIL HOUSE, ERAVUCHIRA, P.O.,THOTTACKADU, KOTTAYAM.

¶15

THE ORIENTAL INSURANCE CO.LTD, KOTTAYAM.

¶16

ADV. SRI.M.JACOB MURICKAN FOR R2

¶17

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

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

¶19

M.A.C.A. No. 438 OF 2003

¶20

Dated this the 11th day of August, 2008

¶21

JUDGMENT

¶22

Ramachandran Nair,J.

¶23

This appeal is filed for enhancement of compensation awarded for the injury sustained in a motor accident caused by the appellant's husband while she was a pillion rider along with him. The liability was not disputed by the insurance company before the Tribunal and award was passed though not to the extent of claim made by the appellant. Even though appellant has not produced evidence for medical expenses, appellant has produced medical certificate showing disability suffered by her. Considering her disability, that is loss of three teeths for a young lady, we feel compensation awarded requires modification. We therefore increase the total compensation awarded from Rs. 26,300/- to Rs. 40,000/-. The insurance company is directed to deposit the additional compensation with interest at 7.5 per cent from the date of application till date of deposit. Since the accident occurred in 1991,

¶24

¶25

there will be direction to the insurance company to deposit the additional compensation within one month from the date of receipt of a

¶26

copy of this judgment. Moreover considering the amount involved and

¶27

the time already taken, there will be direction to the Tribunal to release

¶28

the entire amount to the appellant without any delay.

¶29

Appeal is disposed of as above.

¶30

(C.N.RAMACHANDRAN NAIR) Judge.

¶31

(V. K. MOHANAN)

¶32

Judge.

¶33

¶34

Andamma John v. K.K.John

Case brief

What is this about?

What did the court decide?

Andamma John v. K.K.John

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M.K.Kumaran Nair Vs Dy.Thasildar(Rr) Kfc

Mary Philip Vs Sabu Jacob

Sarala Vs Hamza

N.a.Mohammed Vs State of Kerala

Varghese Vs Joy C.T.

Mr.P.J.George Vs Mr.Mahaboob