Babu T.V. v. Manager
Case brief
What is this about?
The High Court enhanced compensation in a motor accident appeal. The court recalculated damages for permanent disability, loss of earning, and implant removal costs based on medical evidence, awarding an additional sum alongside existing awards.
What did the court decide?
Appellant awarded additional Rs. 4,46,507/- as compensation for permanent disability, loss of earning, and implant removal, along 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
MONDAY, THE 18TH DAY OF MARCH 2024 / 28TH PHALGUNA, 1945
MACA NO. 747 OF 2021
AGAINST THE AWARD DATED 12.10.2020 IN OP(MV) NO.2492/2018 OF ADDITIONAL
MOTOR ACCIDENTS CLAIMS TRIBUNAL,ERNAKULAM
APPELLANT/PETITIONER:
BABU T.V.,
AGED 51 YEARS,
S/O. VARKEY, RESIDING AT THADATHIL PUTHENPURA,
ARUNOOTTIMANGALAM, VAIKOM, KOTTAYAM-NOW RESIDING AT HOUSE
NO.7, JOURNALISTS COLONY, KALOOR P.O., PIN-686668,
ERNAKULAM DISTRICT.
BY ADV.SRI. V.S.CHANDRASEKHARAN
RESPONDENT/3RD RESPONDENT:
MANAGER,
MAGAMA HDI GENERAL INSURANCE CO.LTD., JAIN TOWER, GROUND
FLOOR, NH-47, BYE PASS ROAD, POWER HOUSE JUNCTION, VYTILA,
ERNAKULAM-682019
Issues for consideration
2 issues framed by the court
Whether the compensation awarded by the Tribunal for permanent disability, loss of earnings, and future treatment was adequate and required enhancement.
Whether the monthly income and multiplier applied for calculating future loss were correct.
Parties & counsel
- appellant
BABU T.V.
- respondent
MANAGER, MAGAMA HDI GENERAL INSURANCE CO.LTD.
Coram
MARY JOSEPH
Case details
As recorded by the court registry
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