S.Mohammed Burhanudeen @ Burhanudeen v. P.Vijayan
Case brief
What is this about?
The High Court, in an appeal against a Motor Accidents Claims Tribunal award, upheld the disability compensation but enhanced medical expenses, loss of amenities, and pain and suffering awards, modifying the total compensation.
What did the court decide?
The award of the Tribunal was modified to grant an additional compensation of Rs. 38,000/- with 9% interest from the date of petition.
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
TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933
MACA.No. 208 of 2004()
---------------------OPMV.1119/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA
APPELLANT(S): APPELLANT/CLAIMANT:
S.MOHAMMED BURHANUDEEN @ BURHANUDEEN, S/O. SHAMSUDEEN, RAYYAN MANZIL, OTTAHARAM, KALIYICKAVILA, PARASSALA P.O.
BY ADV. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN
SRI.SAIJO HASSAN
SRI.SABU SREEDHARAN
Issues for consideration
3 issues framed by the court
Whether the compensation awarded by the Motor Accidents Claims Tribunal for disability is reasonable and needs enhancement.
Whether the awarded compensation for medical expenses, loss of amenities, and pain and suffering requires modification.
Whether the appellant is entitled to additional compensation for the injuries sustained in the motor accident.
Parties & counsel
- appellant
S. MOHAMMED BURHANUDEEN @ BURHANUDEEN
- respondent
P. VIJAYAN
- respondent
JOHNROSE
- respondent
UNITED INDIA INSURANCE COMPANY LTD.
Coram
Case details
As recorded by the court registry
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