Partly allowed

Elizabeth v. Poulose.Vp & Others

Kerala HC4 Feb 2009MACA/2528/2008

Case brief

AI extract

What is this about?

The High Court of Kerala enhanced compensation for a minor child injured in a fatal road accident. The court awarded an additional Rs. 5,000 considering the excruciating pain caused by a femur fracture early in life, directing the insurer to deposit the sum within 60 days.

What did the court decide?

Awarded additional compensation of Rs. 5,000/- including pain and suffering and loss of amenities, to be paid by the Insurance Company within 60 days.

Elizabeth Vs Poulose.Vp & Others — Medical Negligence | 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 M.N.KRISHNAN

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WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930

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MACA.No. 2528 of 2008() ----------------------OPMV.1805/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR

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APPELLANT(S): PETITIONER IN OP(MV)

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ELIZABETH, AGED 1 YEAR, B/O. UNNI RANI JOSHY, PANTHAPLACKAL HOUSE,KIZHAKKAMBALAM, A MINOR PERSON REP.BY HER FATHER JOSHY, AGED 28 YEARS, S/O.MATHEW, PANTHAPLACKAL HOUSE, KIZHAKKAMBALAM.

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BY ADV. SRI.T.K.SAJEEV

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RESPONDENT(S): RESPONDENTS IN OP(MV)

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POULOSE .V.P. S/O.FANSIS, SANGEETHIKA HOUSE, HILL PALACE, THIRUVANKULAM P.O. ERNAKULAM.

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MRS.LIZY.M.A. SANGEETHIKA HOUSE, HILL PALACE, THIRUVANKULAM.P.O.ERNAKULAM.

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NATIONAL INSURANCE CO-LTD., DIV.NO.10, FLAT NO.101 - 106, N-1, B M C HOUSE, CANNAUGHT PLACE, NEW DELHI - 110001.

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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M.N. KRISHNAN, J

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M.A.C.A.No. 2528 OF 2008

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Dated this the 4^th day of February, 2009

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JUDGMENT

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This appeal is preferred against the award of the Motor Accident Claims Tribunal, Perumbavoor in O.P.(MV) No.1805/2003. The claimant, a one year old girl, sustained injuries in a road accident. She had sustained a fracture of left femur. She was admitted in the hospital on 24.5.2003 and discharged on 27.5.2003. POP cast was applied on 27.5.2003 and it was removed only on 14.6.2003. There was no evidence to show the disability on account of the injuries sustained. But considering the factum of fracture of femur at the beginning stage of the life, certainly it would have caused her excruciating pain as well as discomfort and inconvenience. Therefore I enhance pain and suffering compensation by Rs. 3,000/- and loss of amenities compensation by Rs. 2,000/- thereby entitling an additional compensation of Rs. 5,000/-.

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In the result, the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 5,000/- with 7.5%

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M.A.C.A.No. 2528/2008

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-2-

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interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within a

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period of 60 days from the date of receipt of copy of the judgment.

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M.N. KRISHNAN,JUDGE

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vkm

Elizabeth v. Poulose.Vp & Others

Case brief

What is this about?

What did the court decide?

Elizabeth v. Poulose.Vp & Others

Case brief

What is this about?

What did the court decide?

What the court decided

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