Anila v. the Manager
Case brief
What is this about?
The High Court enhanced compensation awarded by the Motor Accidents Claims Tribunal for a minor girl injured in a road accident. Adjustments were made for transportation, extra nourishment, pain and suffering, and loss of amenities based on treatment duration and injury severity.
What did the court decide?
Award of additional compensation of Rs. 51,100 with interest at 7.5% per annum to be deposited by the respondent within two months.
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 THURSDAY, THE 19TH DAY OF MAY 2016 / 29TH VAISAKHA, 1938
MACA.No. 905 of 2012
AGAINST THE AWARD IN OPMV 177/2007 of M.A.C.T.,KOLLAM
APPELLANT/PETITIONER
ANILA D/O.AISHA, KOIPPURATHU MANILA MANZIL, CHANDANATHOPPU, KOLLAM.
BY ADV.SRI.PRATHEESH.P
RESPONDENT/3RD RESPONDENT:
THE MANAGER NATIONAL INSURANCE CO.LTD., KALKATTA. 700001
R BY ADV. SRI.P.JACOB MATHEW R1 BY ADV. SRI.MATHEWS JACOB (SR.)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/05/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Issues for consideration
3 issues framed by the court
Whether the compensation awarded by the Tribunal was sufficient and capable of enhancement on appeal.
Whether the assessment of permanent disability at 15% in the absence of evidence required interference.
Whether additional sums were payable under heads of transportation, extra nourishment, pain and suffering, and loss of amenities.
Parties & counsel
- appellant
Anila d/o Aisha
- respondent
The Manager, National Insurance Co. Ltd.
Coram
C.T.Ravikumar
Case details
As recorded by the court registry
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