Partly allowed

Perumadathil Thattidath Vanaja v. Oriental Insurance Co.Ltd

Kerala HC7 Apr 2009MACA/1585/2006

Case brief

AI extract

What is this about?

This judgment deals with an appeal filed by the navigable heirs of a deceased road accident victim against the Oriental Insurance Company. The court, sitting as the Motor Accident Claims Tribunal, enhanced the compensation by revising the deceased's monthly income to Rs. 2,250/-, which increased the loss of dependency award. Additionally, the court granted Rs. 6,000/- for transport expenses incurr

What did the court decide?

Appeal allowed to the extent of enhancing the deceased's monthly income to Rs. 2,250/- and granting Rs. 6,000/- for transport expenses.

Perumadathil Thattidath Vanaja Vs Oriental Insurance Co.Ltd — Insurance | Kerala HC (2009)

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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 &

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THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN

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TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931

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MACA.No. 1585 of 2006()

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----------------------OPMV.617/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY

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APPELLANT(S): APPELLANTS/PETITIONERS:

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PERUMADATHIL THATTIDATH VANAJA, W/O. K.K.PADMANABHAN, AGED 36 YEARS.

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KOKKEERA KANNOTH DEVI AMMA, W/O. AZHIKKODAN KUNHIRAMAN NAMBIAR, AGED 76 YEARS.

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P.T. VIPIN, S/O. K.K.PADMANABHAN, AGED 18 YEARS.

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P.T. VIJIL, S/O.LATE PADMANABHAN K.K., AGED 16 YEARS (MINOR).

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P.T.VIDYA, D/O.LATE K.K.PADMANABHAN, AGED 13 YEARS (MINOR). (MINOR PETITIONERS 4 & 5 REP.BY THEIR MOTHER AND NEXT FRIEND PERUMADATHIL THATTADATH VANAJA, THE 1ST APPELLANT). ALL ARE R/AT EYYAN KUNNUMMAL HOUSE KUNNATH,P.O.PATTANOOR,VIA.EDAYANNUR,KANNUR DITRICT

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BY ADV. SRI.M.V.AMARESAN

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RESPONDENT(S): RESPONDENT NO.3:

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ORIENTAL INSURANCE CO. LTD.,

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CITY BRANCH OFFICE, SOUTH BAZAR, KANNUR.

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ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R1

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2009, 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.1585 OF 2006

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Dated this the 7th day of April, 2009

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JUDGMENT

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Ramachandran Nair,J.

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Appeal is filed for enhancement of compensation for the death of husband of the first appellant in a road accident. We have heard counsel appearing for the appellants and standing counsel appearing for the insurance company. After hearing both sides and after going through the award, we feel the deceased as a headload worker is entitled to enhancement in monthly income. We increase the income fixed at Rs. 1800/- to Rs. 2,250/- which will entitle the appellants for compensation for loss of dependency at Rs. 2,70,000/- as against Rs. 2,16,000/- granted by the MACT. Since the accident occurred far away from the hospital, and victim was taken to the hospital at Mangalore, we grant a sum of Rs. 6,000/- for transport of the injured and for transport of the dead body. No other enhancement is called for the compensation awarded. Additional compensation of Rs.60,000/-

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granted by us will carry interest at 7.5 per cent per annum from the date

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of application till date of deposit.

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Appeal is allowed to the above extent.

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(C.N.RAMACHANDRAN NAIR) Judge.

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(K. SURENDRA MOHAN)

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Judge.

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Perumadathil Thattidath Vanaja v. Oriental Insurance Co.Ltd

Case brief

What is this about?

What did the court decide?

Perumadathil Thattidath Vanaja v. Oriental Insurance Co.Ltd

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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