Santhosh v. Meeran P.M.
Case brief
What is this about?
The High Court enhanced disability compensation by correcting the income estimate and applying future prospects, while setting aside the Tribunal's finding of contributory negligence due to lack of evidence.
What did the court decide?
Award enhanced compensation of Rs.3,39,100/- in addition to Tribunal award with 9% interest; set aside finding of contributory negligence.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.D.RAJAN
TUESDAY ,THE 04TH DAY OF DECEMBER 2018 / 13TH AGRAHAYANA, 1940
MACA.No. 880 of 2014
AGAINST THE AWARD IN OPMV 286/2010 of MACT MUVATTUPUZHA DATED 2711-2013
APPELLANT/PETITIONER:
SANTHOSH
S/O.RAGHAVAN PILLA, RESIDING AT RADHAMANDIRAM, MANNANAM, KOTTAYAM (BEDRIDDEN) REPRESENTED BY HIS WIFE PREETHA W/O.SANTHOSH RESIDING AT RADHAMANDIRAM, MANNANAM, KOTTAYAM AS NEXT FRIEND AND LEGAL GUARDIAN.
BY ADVS. SMT.ANEY PAUL SRI.PHILIP J.VETTICKATTU
RESPONDENTS/RESPONDENTS:
Issues for consideration
2 issues framed by the court
Whether to enhance the disability compensation awarded by the Motor Accidents Claims Tribunal based on correct income and future prospects.
Whether the Tribunal erred in finding 10% contributory negligence against the injured without evidence.
Parties & counsel
- appellant
SANTHOSH
- respondent
MEERAN P.H.
- respondent
ANCIL P.B.
- respondent
THE BRANCH MANAGER THE NATIONAL INSURANCE CO. LTD.
Coram
Case details
As recorded by the court registry
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