Lazar v. Vinto
Case brief
What is this about?
The High Court enhanced accident compensation against the insurer by revising projected monthly income to Rs.5,500, accrediting 15% whole-body disability, and granting lump sums for future earnings, nursing, and clothing.
What did the court decide?
Enhanced compensation of Rs.53,600/- awarded with interest at 7.5% p.a. from 29.7.2006, to be paid within two months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
THURSDAY, THE 17TH DAY OF FEBRUARY 2022 / 28TH MAGHA, 1943
MACA NO. 1164 OF 2013
(AGAINST THE AWARD DATED 08.10.2012 MADE IN O.P.(MV) NO.1570/2006
ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR)
APPELLANT/PETITIONER:
LAZAR S/O.PAILOTH,RESIDING AT PUTHENPARAMBIL HOUSE, ST.RAPHEL STREET, KURIACHIRA PO, THRISSUR BY ADVS. SRI.T.C.SURESH MENON SRI.A.R.NIMOD
RESPONDENTS/RESPONDENTS:
1 VINTO S/O.WILSON, RESINDING AT ARIMBOOR HOUSE, KECHERY PO, THRISSUR 680 501. 2 FINU BABU S/O.BABU.M.K, RESIDING AT MADATHINGAL HOUSE, ST.MARY'S STREET, THRISSUR 680 001. 3 THE NATIONAL INSURANCE COMPANY LIMITED 2ND FLOOR, AMBILA ARCADE, M.G.ROAD, THRISSUR 680 001. BY ADV SMT.RAJI T.BHASKAR
Issues for consideration
3 issues framed by the court
Whether the monthly income of the claimant should be enhanced beyond the tribu nal's finding of Rs.3,000/- based on ground realities.
Whether the Tribunal's assessment of 10% disability was justified despite a medical certificate showing 19.2% disability.
Whether enhanced compensation is warranted on heads of future loss of earnings, loss of earning power, extra nourishment, and damage to clothing.
Parties & counsel
- appellant
LAZAR S/O.PAILOTH
- respondent
VINTO S/O.WILSON
- respondent
FINU BABU S/O.BABU.M.K
- respondent
THE NATIONAL INSURANCE COMPANY LIMITED
Coram
Case details
As recorded by the court registry
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