Allowed

Mary Philip v. Sabu Jacob

Kerala HC6 Aug 2008MFA/443/2003

Case brief

AI extract

What is this about?

This appeal was filed to enhance compensation for injuries sustained by the appellant in a motor accident. The court enhanced disability compensation from Rs. 51,600 to Rs. 75,000 due to the appellant's extended hospital stay and extensive injuries, directing deposit with interest.

What did the court decide?

Compensation on account of disability enhanced from Rs. 51,600/- to Rs. 75,000/-; insurance company directed to deposit additional compensation with interest.

Mary Philip Vs Sabu Jacob — Motor Accident Claims | Kerala HC (2008)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN

¶3

WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930

¶4

MFA.No. 443 of 2003(E) ---------------------OPMV.495/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA ....................

¶5

APPELLANT(S): (PETITIONER):

¶6

¶7

MARY PHILIP, W/O. PHILIP, AGED 45 YEARS, RESIDING AT PUTHUSSERY HOUSE, P.O. PERIKALLOOR, PULPALLY, SULTHAN BATHERY TALUK.

¶8

BY ADV. SRI.N.J.ANTONY

¶9

RESPONDENT(S): (RESPONDENTS):

¶10

¶11

SABU JACOB, S/O. CHACKO, AGED 23 YEARS, RESIDING AT PUTHIYAPARAMBIL HOUSE, POST PERIKALLOOR, MARAKKADAVU, PULPALLY, SULTHAN BATHERY TALUK. (DRIVER-CUM-OWNER OF JEEP NO.KL-5A/3438, D.L.NO.268/93).

¶12

NEW INDIA ASSURANCE CO. LTD., M.G.T. BUILDING, KALPETTA (POLICE NO. NOT KNOWN).

¶13

VINOD, S/O. CHATHUKUTTY, ANIYERI, MOKERY, VALLYAI. (DRIVER OF BUS NO.KL-13A/5757).

¶14

M.RAJAN, S/O. KUNHIKANNAN, RAJAPURAM, NETTOOR, THALASSERY. (OWNER OF BUS NO.KL-13A/5757).

¶15

UNITED INDIA INSURANCE CO. LTD., KALPETTA (LOCAL BRANCH OF INSURERS, MADRAS BRANCH).

¶16

R4 IS DELETED FROM THE PARTY ARRAY AS PER ORDER ON I.A. NO.2548 OF 2005 DATED 31.8.2005

¶17

BY ADV. SRI.JIJO PAUL FOR R1 BY ADV. SRI.VPK.PANICKER FOR R2 BY ADV. SRI.P.MURALEEDHARAN FOR R5

¶18

THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

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

¶20

M.F.A. No. 443 OF 2003

¶21

Dated this the 6th day of July, 2008

¶22

JUDGMENT

¶23

Ramachandran Nair,J.

¶24

Heard counsel for the appellant and standing counsel for the insurance company. The prayer in the Appeal is for enhancement of compensation for the injuries sustained by the appellant in a jeep accident while she was a passenger. Though the appellant suffered fracture of the ribs and on the right-hand, counsel for the insurance company submitted that percentage of disability claimed is with reference to right-hand and according to him disability certificate is unbelievable because fracture cannot lead to 65% disability for the hand. Even though we find some force in the contention of the insurance company, we feel since the appellant was in the hospital for 82 days and suffered extensive fracture of ribs and on the right hand, she is entitled to a higher compensation. The compensation on account of disability is therefore increased from Rs. 51,600/- to Rs. 75,000/-.

¶25

¶26

The insurance company is directed to deposit additional compensation

¶27

with interest at 7.5 per cent per annum from the date of application till

¶28

date of payment.

¶29

Appeal is disposed of as above.

¶30

(C.N.RAMACHANDRAN NAIR) Judge.

¶31

(V. K. MOHANAN)

¶32

Judge.

¶33

¶34

Mary Philip v. Sabu Jacob

Case brief

What is this about?

What did the court decide?

Mary Philip v. Sabu Jacob

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

K.Purushothaman Vs O.C.Joseph

Ravi Vs Suprabha Mohan

Joseph Vs United India Insurance Co.Ltd,Thalassery

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

Sarala Vs Hamza

Pichakathil Sreedharan Nair Vs the Deputy Commissioner