Kuttappu v. Ashraf T.P.
Case brief
What is this about?
The High Court enhanced compensation in a motor accident appeal. Finding the Tribunal used a too-low income multiplier, the Court adopted 3000/- as income, a multiplier of 14, and awarded an additional 69,000/- in total compensation.
What did the court decide?
Award of an additional 57,000/- for dependency and 12,000/- collectively for loss of love and affection and pain and sufferings.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE
&
THE HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
FRIDAY, THE 2ND DAY OF MARCH 2012/12TH PHALGUNA 1933
MACA.No. 210 of 2012 (E)
IN OPMV.2969/2004 of MACT,TSR
APPELLANT(S)/PETITIONERS
- KUTTAPPU
- AGED 50 YEARS,S/O.LATE KUNJI KITTA,KOTTAMAL HOUSE OPPOSITE ELECTRICITY POWER HOUSE EZHUVATHIRUTHY ERIKKAMANNA,P.O.PONNANI MALAPPURAM DISTRICT.
(FATHER OF DECEASED ANEESHKUMAR @ ANEESH).
- SARASWATHY,
Issues for consideration
3 issues framed by the court
Whether the Motor Accidents Claims Tribunal adopted the correct multiplicand for dependency compensation as the deceased was a building construction worker.
Whether the multiplier for dependency and separate heads of compensation (loss of love and affection, pain and sufferings) were appropriate.
Whether the total compensation awarded by the Tribunal was adequate.
Parties & counsel
- appellant
Kuttappu & Others (Legal heirs of deceased)
- respondent
Ashraf T.P.
- respondent
The Oriental Insurance Co. Ltd.
Coram
Case details
As recorded by the court registry
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