Over 2 lakh Indian cases. Search powered by Google!

Case Details

T.ASHRAF versus MOIDEEN KUNDUKULI

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


T.ASHRAF v. MOIDEEN KUNDUKULI - MFA No. 854 of 1998(B) [2007] RD-KL 8802 (28 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 854 of 1998(B)

1. T.ASHRAF
... Petitioner

Vs

1. MOIDEEN KUNDUKULI
... Respondent

For Petitioner :SRI.K.A.SALIL NARAYANAN

For Respondent :SRI.N.NANDAKUMARA MENON

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

Dated :28/05/2007

O R D E R

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

M.F.A.No.854 OF 1998 Dated 28th May, 2007

JUDGMENT

Koshy,J

. A 24 year old young man met with a motor accident by which he sustained minor injuries. The date of accident is 22.4.1992. He produced Ext.C1 certificate dated 10.3.1995 to show that he has 5% permanent disability. Ext.A2 is the wound certificate and Ext.A3 is the O.P. Ticket. O.P. Ticket shows that no inpatient treatment was taken. However, the Tribunal accepted the medical certificate. According to the appellant, he was a jeep driver by profession, but, no driving licence or any other material was produced to show that he was a driver by profession or he has any employment. The accident occurred prior to the framing of the second schedule and Rs.1,200/= was taken as notional wages and compensation was calculated. In fact, 18 was taken as the multiplier even though going by second schedule it can be only 17. Rs.10,000/= was awarded for pain and suffering. The tribunal has also awarded 12% interest from the date of application. Considering the total amount awarded, we see no ground to interfere with MFA.854/1998 2 the award as more than just and reasonable compensation was awarded. The appeal is dismissed. J.B.KOSHY

JUDGE

K.P.BALACHANDRAN

JUDGE

tks


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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.