The High Court allowed a partial appeal against an MACT award of Rs. 12,750. It held the appellant, a head load worker injured in a 1994 collision, was entitled to an additional Rs. 7,000 for disability and loss of amenities, with 6% interest.
Awarding an additional amount of Rs. 7,000 with 6% interest from the date of petition to be recovered from the insurer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR
WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929
MFA.No. 969 of 2000() --------------------------------OPMV.2527/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI ....................
APPELLANT - PETITIONER:
------------------------------------
N.K. RAJAN, AGED 37 YEEARS, S/O. KESAVA PANICKER, POYIKAYIL HOUSE, KAVUMPAD POST, NOORANAD, ALAPPUZHA DISTRICT.
BY ADV. SRI.K.M.SATHYANATHA MENON
RESPONDENTS - RESPONDENTS:
1. P.K. BEERANKUTTY, S/O. P.K. RAYINKUTTY, POST NARUKARA, THURAKKAL, MANJERI.
2. N.K. MOHAMMED, S/O. KUTTY HASSAN, MANNIL KADAVATH HOUSE, POST AYIKKARAPADI.
3. UNITED INDIA INSURANCE CO. LTD., MANJERI.
BY ADV. SRI.P.SANKARANKUTTY NAIR R3
SRI.JOSEPH SEBASTIAN PURAYIDAM R1
THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. PADMANABHAN NAIR ,J.
M.F.A.No.969 of 2000
Dated, this the 2nd day of January, 2008 JUDGMENT
The petitioner in O.P.(MV) No.2527/1994 on the file of the Motor
Accidents Claims Tribunal, Manjeri is the appellant. Appellant sustained injuries in a motor vehicle accident occurred on 30.5.1994. He filed Original Petition claiming compensation from the owner, driver and insurer of the vehicle. Owner and driver did not contest. Insurer alone contested. Negligence alleged against the driver was denied. Quantum of compensation claimed was disputed. Tribunal after trial found that the accident occurred due to the negligence of the driver of the vehicle. It also found that the appellant is entitled to get compensation. Tribunal awarded an amount of Rs.12,750/- as compensation. Challenging the quantum of compensation, the petitioner himself has filed this appeal.
In the result, appeal is allowed in part. An award is passed in favour of the appellant allowing him to recover an amount of Rs.7,000/- more with 6% interest
MFA No.969/2000 -: 2 :-
per annum from the date of petition till the date of realisation. Third respondent insurer is directed to deposit that amount also. On deposit the appellant can withdraw the entire amount.
K. PADMANABHAN NAIR, JUDGE.
cks
MFA No.969/2000
K.PADMANABHAN NAIR, J.
-: 3 :-
M.F.A.No.969 of 2000
JUDGMENT
2nd January, 2008.
1 issue framed by the court
Whether the Motor Accidents Claims Tribunal erred in not awarding any amount for disability, inconvenience, and loss of amenities to the injured head load worker appellant.
N.K. RAJAN
P.K. BEERANKUTTY
N.K. MOHAMMED
UNITED INDIA INSURANCE CO. LTD.
K. PADMANABHAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
