Allowed

Sunil Kumar.P. v. New India Assurance Co.Ltd

Kerala HC1 Apr 2009MACA/119/2006

Case brief

AI extract

What is this about?

二的 Motoved accident claims appeal where the appellant sought enhanced compensation for injuries and disability. The court allowed the appeal, enhancing the total compensation by Rs. 50,000/- and increased interest from 6% to 7.5% per annum.

What did the court decide?

Enhancement of total compensation by Rs. 50,000/- and increase of interest on the total compensation (including additional amount) from 6% to 7.5% per annum.

Sunil Kumar.P. Vs New India Assurance Co.Ltd — Motor Accident Claims | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931

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MACA.No. 119 of 2006() (O.P. (MV).No. 604 OF 2002 OF THE MACT, TIRUR)

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APPELLANT(S): APPELLANT/PETITIONER:

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----------------------------------SUNIL KUMAR. P., S/O. KUNHUNNI EZHUTHACHAN, PADANAYAKATHU HOUSE, CHEMBRA POST, THIRUVEGAPPURA, PALAKKAD DISTRICT, PIN-679 304.

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BY ADV. SRI.SANTHEEP ANKARATH

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RESPONDENT(S): ---------------

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THE NEW INDIA ASSURANCE CO.LTD., 2ND FLOOR, J.R.J. COMPLEX, MAIN ROAD, OTTAPALAM, PALAKKAD DISTRICT.

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ADV. SRI.N.S.MOHAMMED USMAN FOR R1

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/04/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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C .N. RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ.

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-------------------------------------------M.A.C.A. No. 119 OF 2006

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Dated this the 1st day of April, 2009

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JUDGMENT

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Ramachandran Nair,J.

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Heard counsel for the appellant and standing counsel appearing for the insurance company. Appellant has prayed for enhancement of compensation under all the heads because the accident led to extensive injuries and around four months' hospitalisation and protracted treatment for nearly four years. Appellant is a diploma holder and was working as overseer with a contractor under the KSEB. Injury has left 5 per cent permanent disability to the appellant who was only 22 years of age at the time of the accident. We find force in the contention of the appellant that enhancement of compensation is called for under various heads, such as for permanent disability, for loss of enjoyment in life, for pain and sufferings, for transport charges to hospital for 15 times, etc. However, we feel enhance of total compensation will serve

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the purpose of the appellant. Considering the claims under various

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head, we enhance the total compensation by Rs. 50,000/-. We also enhance the interest on the total compensation, including additional compensation, from 6 per cent to 7.5 per cent per annum, which the insurance company is directed to pay from the date of application till

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date of deposit.

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(C.N.RAMACHANDRAN NAIR) Judge.

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Sunil Kumar.P. v. New India Assurance Co.Ltd

Case brief

What is this about?

What did the court decide?

Sunil Kumar.P. v. New India Assurance Co.Ltd

Case brief

What is this about?

What did the court decide?

What the court decided

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