Vinod v. Aji
Case brief
What is this about?
The High Court of Kerala held that the Tribunal erred in apportioning contributory negligence solely based on the smell of alcohol on riders, allowing the entire compensation. The monthly income of both appellants was enhanced to Rs.5,000/- and permanent disability was reassessed.
What did the court decide?
Compensation enhanced to Rs.87,900 for the driver and Rs.94,000 for the pillion rider; insurer directed to pay within 3 months at 9% interest.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH
FRIDAY, THE 20TH DAY OF MAY 2016/20TH VAISAKHA 1938
MACA.No. 135 of 2012 ()
AGAINST THE AWARD IN OPMV 841/2008 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOLLAM DATED 30.9.2011
APPELLANT(S)/PETITIONER:
VINOD, AGED 32 YEARS, S/O.SADANANDAN, VENU MANDIRAM, PANMANA (PO), CHAVARA, KOLLAM.
BY ADV. SRI.C.RAJENDRAN
RESPONDENT(S)/RESPONDENTS:
1. AJI
S/O.SUKUMARAN, 141, PLASSERIL, CHERIYAZHEEKKAL NORTH (PO), ALAPPADU, KARUNAGAPPALLY-690518.
Issues for consideration
3 issues framed by the court
Whether the Tribunal erred in fixing appellants' monthly income notionally at Rs.3,000/- instead of Rs.5,000/-.
Whether the smell of alcohol on the body of a rider or pillion passenger is sufficient evidence to justify apportioning contributory negligence under Section 185 of the Motor Vehicle Act.
Whether the Tribunal was empowered to assess permanent disability percentage in the absence of a medical board certificate.
Parties & counsel
- appellant
Vinod
- respondent
Aji
- respondent
Harikumar
- respondent
IFFCO-Tokyo General Insurance Company Ltd.
Coram
Case details
As recorded by the court registry
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