Kareem v. Hamsa
Case brief
What is this about?
The Motor Accidents Claims Tribunal convicted the appellant of contributory negligence, reducing compensation by 30%. The High Court held the Tribunal erred relying on the scene mahazar and fixed income at Rs.4,000/month with 8% disability, enhancing total compensation to Rs.1,85,210/-.
What did the court decide?
Compensation enhanced by Rs.81,883/- to a total of Rs.1,85,210/-, with interest at 9% p.a. from date of petition.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
MACA NO. 242 OF 2012
AGAINST THE JUDGMENT AND AWARD DATED 13.07.2011 IN OPMV NO.85/2009
ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, OTTAPALAM
APPELLANT/PETITIONER:
KAREEM AGED 42 YEARS, FISH SELLER, S/O KOCHUMON, RESIDING AT KAMMAM KANDATH HOUSE, P.O. VELLANIKARA, THRISSUR DISTRICT. BY ADV SRI.T.C.SURESH MENON
RESPONDENTS/RESPONDENTS:
1 HAMSA AGED NOT KNOWN, FATHER'S NAME NOT KNOWN, RESIDING AT PARAMMAL HOUSE, P.O. NADUVATTOM, PALAKKAD DISTRICT, PIN: 679 308. (R.C. OWNER OF KL-9C-9070 NUMBERED JEEP) 2 HYDRU AGED 37 YEARS, S/O KUNHAMU T., RESIDING AT THIRUTHUMMAL HOUSE, P.O. NADUVATTOM, PATTAMBI, PALAKKAD DISTRICT, PIN: 679 308. (D.L.NO.52/1201/1989, DRIVER OF KL-9C-9070 NUMBERED JEEP) 3 THE ORIENTAL INSURANCE CO. LTD. BRANCH OFFICE 'PRANAVAM', MELE PATTAMBI, PALAKKAD-679 306. (POLICY NO.442001/31/2008/11790 VALID FROM 01-03-2008 TO 28-02-2009). BY ADVS.SRI.ANOOP.V.NAIR SRI.BINNY THOMAS SMT.M.SRUTHI DAS SRI.TITUS MANI SRI.JACOB ABRAHAM, FOR R3
Issues for consideration
3 issues framed by the court
Whether the findings of contributory negligence by the Tribunal relying on the scene mahazar were factually correct given the position of vehicles and lack of valid license.
Whether the monthly income of the appellant for compensation calculation should be fixed at the claimed Rs.4,000/- instead of the reduced Rs.3,000/-.
Whether the permanent disability percentage should be reassessed at 8% based on the examined doctor's certificate rather than the Tribunal's 4%.
Parties & counsel
- appellant
KAREEM
- respondent
HAMSA
- respondent
HYDRU
- respondent
THE ORIENTAL INSURANCE CO. LTD.
Coram
Case details
As recorded by the court registry
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