The Kerala Motor Accident Claims Tribunal allowed an appeal to enhance compensation from Rs. 85,975 to Rs. 2 lakhs due to underestimation and upheld contributory negligence. The judgment directed the insurer to deposit the additional amount with interest.
Compensation enhanced to Rs. 2 lakhs with direction to deposit additional amount with 7.5% interest.
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 C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN
THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931
MACA.No. 2029 of 2006() ----------------------OPMV.1827/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR
APPELLANT(S): APPELLANT/PETITIONERS
BY ADV. SRI.P.O.JOSEPH
RESPONDENT(S):
ADV. SRI.P.JAYASANKAR FOR R2
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/04/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C .N. RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ.
-------------------------------------------M.A.C.A. No. 2029 OF 2006
Dated this the 2nd day of April, 2009
JUDGMENT
Ramachandran Nair,J.
Appeal is filed for enhancement of compensation for the death of son of the first appellant, who was the sole brother of the remaining appellants. We have heard counsel appearing for the appellants and standing counsel appearing for the insurance company. The appellants' grievance is against fixation of low amount of compensation and also against disallowance of 50% towards contributory negligence. The deceased was only 22 years of age at the time of the accident and his death. Appellants are widowed mother and two sisters of the deceased. Even though appellants opposed disallowance on account of contributory negligence, standing counsel for the insurance company referred to the scene mahazar, and damage to the vehicle and contended that contributory negligence is well established beyond doubt more so because the accident occurred in the wrong side for the
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deceased who was going from West to East. Considering the contentions raised by both sides and after going through the award and the evidence in the case, we are of the view that in fairness a sum of Rs. 2 lakhs should be granted to the appellants. We therefore modify the award by granting compensation of Rs. 2 lakhs in the place of Rs. 85,975/- with direction to the insurance company to deposit the additional compensation granted by us with interest at 7.5 per cent per annum from the date of application till date of deposit.
Appeal is allowed as above.
(K. SURENDRA MOHAN) Judge.
kk
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2 issues framed by the court
Whether the award of compensation for the death in a motor accident should be enhanced.
Whether the disallowance of 50% towards contributory negligence is sustainable.
Mrs. Nabeesa Shamsu
MOSAMI
MANJU
K.S. Sasi
National Insurance Co. Ltd.
C.N. Ramachandran Nair
K. Surendra Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
