Bavin O.P v. Aswin
Case brief
What is this about?
High Court at Ernakulam allowed an appeal in a motor accident claim, enhancing compensation from Rs.1,44,910 to Rs.4,26,060. The Court re-fixed the appellants notional monthly income to Rs.5000 and recalculated loss due to disability based on 29% permanent disability and 18 years multiplier.
What did the court decide?
Compensation enhanced from Rs.1,44,910 to Rs.4,26,060 with interest at 7.5% per annum and cost of Rs.15,000; insurer ordered to deposit amount.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 3RD DAY OF JANUARY 2022 / 13TH POUSHA, 1943
MACA NO. 216 OF 2012
AGAINST THE AWARD DATED 23.09.2011 IN OPMV 1570/2007 OF IST ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE
APPELLANT/PETITIONER:
BAVIN O.P S/O.BALAN, RESIDING AT OTTATHENGIL PURAYIL HOUSE, P.O.ELATHOOR, CHETTIKULAM, KOZHIKODE. BY ADVS. SRI.AVM.SALAHUDIN SMT.P.Y.SHEHEERA
RESPONDENTS/RESPONDENTS:
- 1 ASWIN S/O.RAMACHANDRAN, RESIDING AT 20/1532, SHYAMLAL HOUSE, P.O.KALLAI, KOZHIKODE.
- 2 CHARLES CARLTON S/O.TONY CARLTON RESIDING AT CRESENT MARVIEW APARTMENTS, ROOM NO.33, NAGARAM AMSOM, DESOM, KOZHIKODE.
Issues for consideration
3 issues framed by the court
Whether the quantum of compensation awarded by the Tribunal for loss due to disability is just and reasonable.
Whether the notional monthly income of the appellant should be enhanced based on Supreme Court precedents.
Whether enhancement of compensation is required based on proven permanent disability of 29%.
Parties & counsel
- appellant
Bavin O.P
- respondent
Aswin
- respondent
Charles Carlton
- respondent
New India Assurance Co. Ltd.
Coram
Case details
As recorded by the court registry
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