Tijin Mathew v. Jose.C.L
Case brief
What is this about?
Appellant challenged the low compensation award of Rs.41,650/- for a minor child with 9% permanent disability. The court applied Supreme Court precedents regarding children to enhance the compensation to Rs.67,750/- plus interest.
What did the court decide?
Enhanced compensation of Rs.67,750/- plus interest awarded; insurer directed to pay balance 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 19TH DAY OF MAY 2022 / 29TH VAISAKHA, 1944
MACA NO. 1586 OF 2012
AGAINST THE AWARD DATED 23.04.2012 IN OPMV 140/2009 OF MOTOR
ACCIDENTS CLAIMS TRIBUNAL, KALPETTA
APPELLANT/PETITIONER:
TIJIN MATHEW JOSEPH S/O. JOSEPH, NELLUR HOUS, PINANGODE POST VYTHIRI TALUK.
BY ADV SRI.ABRAHAM MATHEW (VETTOOR)
RESPONDENTS/RESPONDENTS:
1 JOSE.C.L S/O. LONAPPAN.C.T., CHITTILAPPILLY HOUSE, THARIYODE POST, )DRIVER OF BUS NO. KL 12B-5002. DL. NO. 648/97/W) PIN-673575.
Issues for consideration
2 issues framed by the court
Whether the enhanced compensation awarded by the Motor Accidents Claims Tribunal should be set aside and enhanced on appeal.
Whether the compensation quantum of Rs.41,650/- is adequate for a minor suffering 9% permanent whole body disability.
Parties & counsel
- appellant
Tijin Mathew Joseph
- respondent
Jose.C.L
- respondent
James Joseph
- respondent
ICICI Lombard General Insurance
- respondent
Ratheesh Kumar
- respondent
Case details
As recorded by the court registry
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