Mathai v. Sarun Raj
Case brief
What is this about?
High Court allowed motor accident claim appeal. Court corrected Tribunal findings regarding insurer liability when a pedestrian was injured. Enhanced compensation to 10.28 lakhs considering 100% disability and loss of future prospects.
What did the court decide?
Award of additional compensation of Rs. 10,28,100/- with interest from date of Original Petition to date of realization.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 7TH DAY OF DECEMBER 2022 / 16TH AGRAHAYANA, 1944
MACA NO. 1648 OF 2013
AGAINST THE AWARD DATED 10.05.2013 IN OP(MV) NO.242 OF 2010 OF MOTOR
ACCIDENTS CLAIMS TRIBUNAL, PALA
APPELLANT/PETITIONER:
MATHAI,
S/O.ULAHANNAN, KULAPPALLIL HOUSE,
MANNACKANADU,KURAVILANGADU.
BY ADVS.SRI.MATHEW JOHN
SRI.DOMSON J.VATTAKUZHY
RESPONDENTS/RESPONDENTS:
1SARUN RAJ,
S/O.RAJU, PLACKAMATTATHIL HOUSE,
MANNACKANADU,KURAVILANGADU - 686633
Issues for consideration
2 issues framed by the court
Whether the insurance company is liable to indemnify the insured to pay compensation to a pedestrian hit by an insured autorickshaw.
What is the appropriate compensation for partial and permanent disability and loss of earning arising from the motor accident.
Parties & counsel
- appellant
MATHAI
- respondent
SARUN RAJ
- respondent
JAYAPRAKASH
- respondent
THE NEW INDIA ASSURANCE CO.LTD.
Coram
Case details
As recorded by the court registry
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