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S. SUKUMARAN NAIR versus NANOO NADAR

High Court of Kerala

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S. SUKUMARAN NAIR v. NANOO NADAR - MFA No. 528 of 2001 [2007] RD-KL 12229 (5 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 528 of 2001()

1. S. SUKUMARAN NAIR
... Petitioner

Vs

1. NANOO NADAR
... Respondent

For Petitioner :SRI.R.T.PRADEEP

For Respondent :SRI.B.KRISHNA MANI

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice K.P.BALACHANDRAN

Dated :05/07/2007

O R D E R

J.B. KOSHY and K.P.BALACHANDRAN, JJ.

M.F.A. No. 528 of 2001

Dated this the 5th day of July, 2007

Judgment

Koshy, J.

A youngster aged 20 sustained personal injuries in a motor accident due to the negligent driving of the vehicle insured by the third respondent insurance company. Claimant produced a medical certificate claiming 8% permanent disability. He claimed to be a mason. The accident occurred on 18.3.1995. Since no data was produced, the tribunal fixed Rs.1,500/- as the monthly income. We see no ground to change the same in the absence of evidence regarding the actual income. 8% disability was accepted by the tribunal and compensation was awarded. Medical expenses were reimbursed. Total amount awarded was Rs.38,090/-. Considering the nature of injuries, we are of opinion that just and reasonable compensation was awarded.

2. It is true that after about ten years of the accident, the original claimant died. His father and mother and brothers and sisters are impleaded in his M.F.A.No.528/2001 2 place. Since we see no ground to grant further enhancement, we dismiss the appeal. J.B.KOSHY

JUDGE

K.P.BALACHANDRAN

JUDGE

vaa M.F.A.No.528/2001 3 J.B. KOSHY AND

K.P.BALACHANDRAN, JJ.

M.F.A.NO.528/2001

JUDGMENT

Dated:5th July, 2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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