The Kerala High Court enhanced compensation awarded to a motor accident claimant. The appellant sought enhancement after sustaining multiple injuries and hospitalisation. The court awarded an additional Rs. 3,500/-.
Awarded additional compensation of Rs. 3,500/- with 9% interest from the date of petition.
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 M.N.KRISHNAN
MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930
MACA.No. 85 of 2003(P) ---------------------OPMV.872/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA ....................
APPELLANT(S): APPELLANT/PETITIONER
THANKAMANI W/O MANI, MUTTIYANIKAL HOUSE, 70 ACRE BHAGOM, VANNAPPURAM VILLAGE, THODUPUZHA TALUK.
BY ADV. SRI.T.V.GEORGE
RESPONDENT(S): RESPONDENTS
VAKKAMATTATHIL HOUSE, ADIMALI.
ADV. SRI.P.JAYASANKAR FOR R3
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON 02/02/2009 DELIVERED THE FOLLOWING:
M.N. KRISHNAN, J
M.A.C.A.No. 85 OF 2003
Dated this the 2nd day of February, 2009
JUDGMENT
This appeal is preferred against the award of the Motor Accident Claims Tribunal, Thodupuzha in O.P.(MV) No.872/2006. The claimant sustained injuries in a road accident and she has been awarded a compensation of Rs.2,500/-. She has come up in appeal for enhancement.
M.A.C.A. 85/2003
-2-
to give a total compensation of Rs.6,000/- out of which Rs. 2,500/is already awarded. Therefore the claimant is entitled to an additional compensation of Rs. 3,500/-.
In the result, the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 3,500/- with 9% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within a period of 60 days from the date of receipt of copy of the judgment.
M.N. KRISHNAN,JUDGE
vkm
1 issue framed by the court
Whether the compensation awarded by the Tribunal for injuries sustained in a road accident requires enhancement.
Thankamani w/o Mani
The National Insurance Company Ltd.
M.N. Krishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
