Selvaraj v. Varghese
Case brief
What is this about?
Appeal against Motor Accidents Claims Tribunal award of Rs.70,000 compensation. Court corrected loss of earnings calculation to Rs.15,000 based on actual salary evidence. Rejected disability claim due to lack of medical certificate. Modified award to Rs.76,000.
What did the court decide?
Additional compensation of Rs.6,000 awarded for loss of earnings; original award modified to Rs.76,000 with 9% interest.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE A.K.BASHEER &
THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI
THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932
MACA.No. 333 of 2004() ---------------------OPMV.474/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, N. PARAVUR
APPELLANT/CLAIMANT:
SELVARAJ. L.P., AGED 29, S/O. PARAMU, LOVEDALE, NEAR KOONAMMAVU MARKET, KOONAMMAVU, PARAVUR-683 518.
BY ADV. SRI.V.PREMCHAND
SRI.V.TEKCHAND
RESPONDENT(S): RESPONDENTS:
Issues for consideration
3 issues framed by the court
Whether the claimant is entitled to enhanced compensation given the discrepancy between Tribunal's estimated income and actual salary.
Whether compensation for disability should be awarded in the absence of a medical certificate proving permanent disability.
Whether the existing heads of compensation for loss of amenities and pain and suffering are reasonable.
Parties & counsel
- appellant
SELVARAJ. L.P.
- respondent
VARGHESE
- respondent
THE ORIENTAL INSURANCE COMPANY MATTANCHERRY BRANCH
- respondent
M.K. RUSHIN
Coram
Case details
As recorded by the court registry
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