Bincy v. M.K.Usef
Case brief
What is this about?
This judgment sets aside the awards of the Motor Accidents Claims Tribunal and allows enhanced compensation appeal. The court awarded an enhanced amount of Rs. 1 lakh for one appellant and Rs. 1.42 lakh for another, considering permanent disability, loss of amenities, and future prospects.
What did the court decide?
Enhanced compensation awarded to both appellants with interest and costs directed to be paid by the insurer within 30 days.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.D.RAJAN
WEDNESDAY,THE 14TH DAY OF NOVEMBER 2018 / 23RD KARTHIKA, 1940
M.A.C.A.No. 602 of 2013
AGAINST THE AWARD IN OPMV 867/2007 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, ALAPPUZHA. DATED 24-07-2012
APPELLANT/PETITIONER:
CHITHRA W/O SUJITHKUMAR, MANNANTAYYETHU, KUZHITHARA (PO), KARUNAGAPALLY.
BY ADVS. SRI.M.V.THAMBAN SMT.THARA THAMBAN SRI.B.BIPIN SRI.R.REJI
RESPONDENTS/RESPONDENTS:
1 M.K.USEF S/O MOHAMMED KUNJU, AYNTIKULAM, THOTTAPPALLY, ALAPPUZHA DISTRICT, PIN:688 561.
Issues for consideration
2 issues framed by the court
Whether the compensation awarded by the Tribunal for permanent disability and non-pecuniary loss was adequate.
Whether enhanced compensation should be awarded considering the appellants' age, occupation, and extent of disability.
Parties & counsel
- appellant
Chithra W/O Sujithkumar
- appellant
Bincy D/O Saseendra Babu
- respondent
M.K. Usef
- respondent
Bajaj Allianz General Insurance Co. Ltd.
Coram
Case details
As recorded by the court registry
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