Allowed

Varghese S/O Paily v. Mercy George

Kerala HC13 Aug 2008MACA/557/2003

Case brief

AI extract

What is this about?

This Motor Accident Claims Appeal dismissed by the Kerala High Court enhanced the total compensation order from Rs. 2,80,533 to Rs. 3 lakhs for loss of enjoyment in life and loss of future employment, directing the insurer to deposit the difference with interest.

What did the court decide?

Additional compensation of Rs. 19,467 awarded, totaling Rs. 3 lakhs; insurer directed to deposit amount with 7.5% interest.

Varghese S/O Paily Vs Mercy George — 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

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WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930

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MACA.No. 557 of 2003()

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---------------------OPMV.1106/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA

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APPELLANT/PETITIONER:

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VARGHESE, S/O. PAILY, CHIRANADAYATHU HOUSE, INCHOOR KARA, VARAPPETTY VILLAGE, REPRESENTED BY HIS WIFE ANNAMMA, CHIRANADAYATHU HOUSE, INCHOOR KARA, VARAPPETTY VILLAGE.

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BY ADV. SMT.ANNIE PAUL

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SRI.PHILIP J.VETTICKATTU

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RESPONDENTS: RESPONDENTS:

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MERCY GEORGE, THOLAMMAKKIL HOUSE, VARAPETTY, KOTHAMANGALAM.

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T.C. GEORGE, S/O. OUSEPH CHACKO, THOLAMMAKIYIL HOUSE, PIDAVOOR, PALLARIMANGALAM, KOTHAMANGALAM

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THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., CHURCH VIEW JUNCTION, KOTHAMANGALAM.

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BY ADV. SRI.VPK.PANICKER FOR R3

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2008 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. 557 OF 2003

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Dated this the 13th 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 counsel appearing for the insurance company. The appellant was KSRTC driver at the time of accident leading to permanent disability for continuing his employment as a driver. Appeal is filed for enhancement of compensation under various heads. The total compensation awarded is Rs.2,80,533/-. Counsel for the appellant contended that appellant as driver would be able to earn income even after his retirement on attaining the age of superannuation at 55 years. When the accident occurred appellant had three more years of service in KSRTC. It is seen that loss of wages granted is not to the extent of the salary as such, but reduced amount. Further compensation awarded for loss of earning power is only Rs. 64,800/- as against the claim of Rs. 1,50,000/-. Since appellant was an employee of the KSRTC he was entitled to pension and the same was

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reckoned for computing the loss of earning power. Even though we find that Tribunal has awarded reasonable compensation under various

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heads, we feel additional compensation is to be awarded for loss of enjoyment in life and for loss of future employment. It is seen from the medical records that appellant's problems are partly attributable to his diabetic problems. Considering all this, we enhance total compensation to Rs. 3 lakhs from Rs. 2,80,533/- granted by the Tribunal. The insurance company is directed to deposit additional compensation with interest at 7.5 per cent per annum from the date of application till date of deposit.

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Appeal is disposed of as above.

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(C.N.RAMACHANDRAN NAIR) Judge.

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(V. K. MOHANAN) Judge.

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Varghese S/O Paily v. Mercy George

Case brief

What is this about?

What did the court decide?

Varghese S/O Paily v. Mercy George

Case brief

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