Kuriakose v. Lijo
Case brief
What is this about?
The Single Bench allowed the appeal filed by the injured claimant against the award of the Motor Accidents Claims Tribunal. The Court enhanced the compensation on the heads of loss of earnings, pain and suffering, and loss of amenities, totaling an enhancement of Rs.1,87,000.
What did the court decide?
Enhancement of compensation to Rs.4,50,443 with interest on the enhanced amount at 5% per annum from the date of the original petition, excluding the delay period.
What the court decided
M.A.C.A.1004/2012
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 10TH DAY OF JUNE 2022 / 20TH JYAISHTA, 1944
MACA NO. 1004 OF 2012
AGAINST THE ORDER/JUDGMENT IN OPMV 1068/2007 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL MUVATTUPUZHA
APPELLANT/S:
KURIAKOSE, S/O.YOHANNAN, THUDUMEL HOUSE, PINDIMANA, VETTILAPPARA, KOTTAPPADY VILLAGE, KOTHAMANGALAM.
BY ADVS. SRI.C.DILIP SRI.P.N.VIJAYAN NAIR
Issues for consideration
3 issues framed by the court
Whether the compensation awarded by the Motor Accidents Claims Tribunal is to be enhanced on the grounds of income assessment, bystander expenses, pain and suffering, loss of amenities, and disability
Whether the Tribunal's calculation of loss on account of disability is sustainable.
Whether interest should run from the date of the original award or from the date of the enhanced award.
Parties & counsel
- appellant
KURIAKOSE
- respondent
LIJO
- respondent
ROY SO.JOSEPH
- respondent
SAJI
- respondent
THE NEW INDIA ASSURANCE CO. LTD.
Case details
As recorded by the court registry
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