Nalini v. Haridasan
Case brief
What is this about?
In this motor accident compensation appeal, the High Court enhanced compensation for permanent disability and pain and sufferings while reducing the amount for loss of expectation in life, resulting in a net additional award for the injured petitioner with interest.
What did the court decide?
Additional compensation of ₹34,369 plus interest granted; insurance company directed to deposit total compensation within three months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940
MACA.No. 633 of 2014
AGAINST THE AWARD IN OPMV 941/2009 of M.A.C.T., PALAKKAD DATED 13-08-2013
APPELLANT(S)/APPELLANT/PETITIONER
NALINI W/O MURUKA MENON, MANNATHIL VEEDU, KANNADI POST, PALAKKAD.
BY ADVS.SRI.BINOY VASUDEVAN SMT.P.G.BABITHA
RESPONDENT(S)/RESPONDENTS:
- HARIDASAN
S/O KUMARAN, SREE BHAVAN HOUSE, KADAKURRUSSI, KANNADI, PALAKKAD.
- NATIONAL INSURANCE CO.LTD., DIV.NO.10, FLAT NO.101-106, N1 BMC HOUSE, CONNAUGHT PLACE, NEW DELHI.
Issues for consideration
3 issues framed by the court
Whether the Motor Accidents Claims Tribunal was justified in determining the quantum of compensation under various heads of claim.
Whether the degree of disability assessed at 12% warrants compensation for permanent disability given the petitioner's occupation.
Whether the compensation awarded for loss of expectation in life is disproportionate to the certified disability.
Parties & counsel
- appellant
Nalini W/o Muruka Menon
- respondent
Haridasan
- respondent
National Insurance Co. Ltd.
Coram
Case details
As recorded by the court registry
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