Santhosh v. Joyson
Case brief
What is this about?
High Court allowed Motor Accidents Claims Appeal, enhancing compensation by recalculating loss of earning based on revised monthly income and adjusting permanent disability percentage from 30% to 36%.
What did the court decide?
Additional compensation of ₹3,75,740/- granted including revised amounts for loss of earning and permanent disability, with interest at 7.5% per annum.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
FRIDAY, THE 10TH DAY OF NOVEMBER 2023 / 19TH KARTHIKA, 1945
MACA NO. 241 OF 2023
AGAINST THE AWARD DATED 07.10.2022 IN O.P(M.V)NO.888/2015 OF MOTOR
ACCIDENTS CLAIMS TRIBUNAL, THRISSUR
APPELLANT/PETITIONER:
SANTHOSH, AGED 45 YEARS,
S/O.VASU, VALIYAVALAPPIL HOUSE, P.O.VELLANIKKARA,
THRISSUR DISTRICT - 680654
BY ADVS.SRI.A.R.NIMOD
SRI.M.A.AUGUSTINE
RESPONDENTS/RESPONDENTS:
Issues for consideration
3 issues framed by the court
Whether the compensation awarded by the Tribunal for permanent disability and loss of earning is adequate and just.
Whether the monthly income of the appellant driver should be revised for calculating compensation.
Whether the quantum of compensation needs modification based on increased disability percentage and income.
Parties & counsel
- appellant
Santhosh
- respondent
Santhosh Kumar
- respondent
Oriental Insurance Co. Ltd.
Coram
Case details
As recorded by the court registry
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