Vimal P.M. v. Johny
Case brief
What is this about?
High Court allowed Motor Accident Claims Appeal, enhanced award from Rs.7,12,260 to Rs.12,44,660 by recalculating disability at 50%, monthly income at Rs.8,000, and increasing compensation heads for loss of earnings, disability, pain and suffering, and loss of amenities.
What did the court decide?
Award enhanced from Rs.7,12,260 to Rs.12,44,660. Entitled to further Rs.5,32,400 plus 9% interest from date of petition.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943 MACA NO. 1286 OF 2014
AGAINST THE AWARD DATED 26.10.2013 IN OPMV 78/2012 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA, WAYANAD
APPELLANT:PETITIONER
VIMAL P.M.
AGED 23 YEARS, S/O.MOHANDAS, PADANGARA HOUSE, THIRUNELLI, S.BATHERY POST, KUPPADI VILLAGE, S.BATHERY TALUK, WAYANAD DISTRICT. BY ADVS. SRI.N.MANOJ KUMAR SMT.JAYASREE MANOJ
RESPONDENTS:RESPONDENTS
1 JOHNY AGED 55 YEARS THAMARAKKOLLY HOUSE, IRUKANNI, KENICHIRA, POOTHADI AMSOM (DRIVER OF KL-12-B-6434 BUS). 2 M.U.SCARIA S/O.ULAHANNAN, MAPPANATH HOUSE, SEETHAMOUNT POST, PULPALLY, WAYANAD DISTRICT (OWNER OF KL-12-B-6434 BUS). 3 NATIONAL INSURANCE COMPANY LTD. KALPANA SHOPPING COMPLEX, MAIN ROAD, KALPETTA (INSURER OF KL-12-B-6434 BUS). BY ADVS. SRI.MATHEW KURIAKOSE FOR R1 & R2 SMT.SARAH SALVY FOR R3
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Issues for consideration
2 issues framed by the court
Whether the disability percentage fixed by the Tribunal was justified given the amputation and medical records?
Whether the monetary claims for loss of earnings, disability income, pain and suffering, and amenities required recalculation?
Parties & counsel
- appellant
VIMAL P.M.
- respondent
JOHNY
- respondent
M.U.SCARIA
- respondent
NATIONAL INSURANCE COMPANY LTD.
Coram
Case details
As recorded by the court registry
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