Abdul Saleem @ Saleem v. Mohammed Shareef
Case brief
What is this about?
This appeal was adjudicated by the High Court of Kerala, which allowed partial relief. The Court enhanced compensation awarded in a motor accident case by re-fixing notional income to Rs.7,500, disability to 12%, applying a multiplier of 18, and awarding damages for loss of earnings and amenities, totaling an additional Rs.2,21,600.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 15TH DAY OF DECEMBER 2021 / 24TH AGRAHAYANA, 1943
MACA NO. 1544 OF 2014
AGAINST THE AWARD DATED 10.01.2014 IN OPMV 225/2011 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPPALAM.
APPELLANT/PETITIONER:
ABDUL SALEEM @ SALEEM S/O. MUHAMMEDALI, AGED 24 YEARS, POTHAN HOUSE, KUMARAMPUTHUR AMSOM DESOM, MANNARKAD TALUK, PALAKKAD DISTRICT.
BY ADV SRI. JACOB SEBASTIAN
RESPONDENTS/RESPONDENTS:
1 MOHAMMED SHAREEF AGED 28 YEARS S/O. MUHAMMED, AGED 28 YEARS, PUTHALAN HOUSE, KARUVANKALLU, KONDOTTY, KARIPOOR P. O., MALAPPURAM, PIN - 673 638. 2 MOHAMMED MUSTHAFA S/O. MOIDEENKUTTY, CAKKIPARAMBAN HOUSE, KATTIPARA, PERUVALLUR P. O., KONDOTTY, MALAPPURAM, PIN - 673 638. 3 UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, K.M.O. TOWER, MAIN ROAD, THAMARASSERY P. O., KOZHIKODE DISTRICT, PIN - 673 573.
Issues for consideration
3 issues framed by the court
Whether the notional monthly income and percentage of disability awarded by the Tribunal were correct.
Whether the multiplier and period of loss of earnings to be granted to the petitioner were appropriate.
Whether the petitioner is entitled to compensation for loss of amenities and conveniences.
Parties & counsel
- appellant
Abdul Saleem
- respondent
Mohammed Shareef
- respondent
Mohammed Musthafa
- respondent
United India Insurance Co. Ltd.
Coram
Case details
As recorded by the court registry
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