In an appeal against a motor accident compensation award, the High Court of Kerala increased the sum granted to a 9-year-old child for dental injuries and tooth loss.
Awarded an additional compensation of Rs. 9,000/- with 6% interest from the date of the petition till realization.
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
WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932
MACA.No. 1797 of 2006()
----------------------OPMV.682/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI
APPELLANT(S): APPELLANT/PETITIONER
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C.P.ABHILASH (MINOR), AGED 13 YEARS, REP. BY GUARDIAN FATHER C.P.CHANDRAN, CHAKKUNGAL AMSOM, THEYYAMPADIKUTH P.O. CHEMBRASSERY, PANDIKKAD.
BY ADV. SRI.K.SHIBILI NAHA
RESPONDENT(S):
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1. P.SUBHASH, S/O.NARAYANAN, PADAYATH HOUSE, THEYYAMPADIKKUTH, P.O. CHEMBRASSERY, PANDIKKAD (DRIVER).
2. P.NARAYANAN, PADAYATH HOUSE, THEYYAMPADIKKUTH, P.O. CHEMBRASSERY, PANDIKKAD (OWNER).
3. M/S.NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, KORAMBAYIL ARCADE, MANJERI.
R1 & R2 BY ADV. SRI.SAJU.S.A R3 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE R3 BY ADV. SRI.E.A.JOHN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
M.N. KRISHNAN, J.
M.A.C.A.NO.1797 OF 2006
Dated this the 18th day of August, 2010.
J U D G M E N T
This is an appeal preferred against the award of the Claims Tribunal, Manjeri in OP(MV)No.682/2002. The claimant, a 9 year old boy, sustained injuries in a road accident and he has been awarded a compensation of Rs.5,650/=. Dissatisfied with the same, the claimant has come up in appeal.
: 2 :
M.A.C.A.NO.1797 OF 2006
Disposed of accordingly.
M.N. KRISHNAN, JUDGE.
cl
M.A.C.A.NO.1797 OF 2006
: 3 :
M.A.C.A.NO.1797 OF 2006
: 4 :
M.N. KRISHNAN, J.
A.S.NO.OF 2010
............................................. 2nd day of August, 2010.
J U D G M E N T
1 issue framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal for injuries to a minor child was adequate.
C.P. Abhilash
P. Subhash
P. Narayanan
National Insurance Co. Ltd.
M.N. Krishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
