M.S.Pemmaiah v. T.K.Mani
Case brief
What is this about?
The Kerala High Court allowed the first appeal against the Motor Accidents Claims Tribunal in a motor accident case, enhancing compensation for disability and loss of amenities by Rs. 13,000/-, modifying the existing award.
What did the court decide?
Appellant awarded additional compensation of Rs. 13,000/-. Tribunal award modified. Owner to deposit amount before the Tribunal.
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 24TH MAY 2011 / 3RD JYAISHTA 1933
MACA.No. 448 of 2004() ---------------------OPMV.671/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA
APPELLANT(S): APPELLANT/PETITIONER IN THE OPMV.
M.S.PEMMAIAH,S/O.M.G.SOMAIAH, SUPERVISOR,KARIMBUMMAL ESTATE, PANAMARAM.P.O.,WAYANAD DISTRICT, PRESENTLY RESIDING AT KUMTOOR VILLAGE, KAKOOR POST,KODAGU,KARNATAKA STATE.
BY ADV. SRI.THOMAS ANTONY
RESPONDENTS/ RESPONDENTS
- T.K.MANI,S/O.KURIAKOSE, VETTATHU HOUSE,P.O.PAMPADI, (DRIVER KSRTC HAVING BADGE NO.K/32/78) DRIVING LICENSE NO.K/1419/92, KOTTAYAM DISTRICT.
Issues for consideration
2 issues framed by the court
Whether the compensation awarded by the Tribunal for disability, loss of amenities, and other heads required enhancement.
Whether the Tribunal's finding of negligence by the driver requires interference in this appeal.
Parties & counsel
- appellant
M.S. Pemmaiah
- respondent
T.K. Mani
- respondent
Managing Director, KSRTC
Coram
Case details
As recorded by the court registry
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