Reby v. P.L.Francis
Case brief
What is this about?
This appeal against a Motor Accidents Claims Tribunal award was allowed. The High Court enhanced the compensation for permanent disability, loss of income, and loss of amenities based on a reassessment of the appellant's monthly income and age using the multiplier method.
What did the court decide?
Enhanced compensation awarded by enhancing the award with Rs.77,896/- including damages for permanent disability, loss of income, and loss of amenities, along with interest and costs.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.D.RAJAN
WEDNESDAY, THE 6TH DAY OF JUNE 2018 / 16TH JYAISHTA, 1940
MACA.NO. 1843 OF 2013
AGAINST THE AWARD IN O.P.(M.V.) NO.1551/2009 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA DATED 01-02-2013
APPELLANT(S)/PETITIONER :
REBY, S/O.DEVASSY, KURIASSERY HOUSE, P.O.MELOOR, THRISSUR DISTRICT.
BY ADV.SRI.V.BINOY RAM
RESPONDENT(S)/RESPONDENTS :
1. P.L.FRANCIS, PATHIYAPARAMBIL HOUSE, KOTTAT P.O., (VIA) CHALAKUDY, PIN-680731.
2. THOMAS,S/O.PAILY, PATHIYAPARAMBIL HOUSE, THIRUTHIPARAMBU (VIA), CHALAKUDY, PIN-680307.
Issues for consideration
2 issues framed by the court
Whether the compensation awarded by the Motor Accidents Claims Tribunal was adequate and required enhancement.
Whether the appellate court could recalculate compensation for permanent disability and loss of amenities based on monthly income and multiplier method.
Parties & counsel
- appellant
Reby
- respondent
P.L. Francis
- respondent
Thomas
- respondent
Oriental Insurance Company Ltd.
Coram
Case details
As recorded by the court registry
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