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J. K. MAHESHWARI, RAJESH BINDAL
Varghese George @ Jomon (Died) Through Its LRs. – Appellant
Versus
United India Insurance Co. Ltd. – Respondent
ORDER
Rajesh Bindal, J.
1. Leave granted.
2. This appeal has been filed against the order dated 31.01.2018 passed by the High Court of Kerala [In M.A.C.A. No. 2325 of 2012] seeking enhancement of compensation in a motor accident claim case. The Tribunal [Additional Motor Accidents Claim Tribunal, Alappuzha] had awarded compensation of Rs.51,58,458/- under various heads along with interest @ 7.5% per annum from the date of filing of the petition till realization. The High Court reduced the compensation to Rs. 45,18,208/- by mainly reducing the income of the injured.
3. The facts as available on record are that on 09.10.2005 at about 8 PM, the appellant was returning after worship from Velankanni Church along with other passengers in a Toyota Qualis Van bearing Registration No. KL-4/R-4796 on Kottayam-Kumali National Highway, when the vehicle suddenly fell into a gorge called "Mathai Kokka" situated 500 meters east of Peerumade. The appellant and other passengers were severely injured. The injured passengers were shifted to Pushpagiri Medical College Hospital, Thiruvalla where the appellant remained under treatment for 42 days.
4. The appellant (now deceased and represented through his le
The court restored the Tribunal's compensation award, correcting income assessment and future prospects in line with established legal precedents.
Just Compensation – Amount of compensation claimed is not a bar for Tribunal and High Court to award more than what is claimed – Rough calculation made by claimant is not a bar or upper limit.
The life-long adverse impact of the appellant's disability on his earning capacity and future income was a central legal principle established in the judgment.
(1) Injury in accident – Amount of compensation is to be calculated on the basis of last drawn salary of injured/deceased in respect of salaried persons.(2) Compensation – Pension and retirement bene....
(1) At the stage of appeal, all questions of fact and law decided by Tribunal are open for reconsideration.(2) In case deceased was self-employed or on a fixed salary, addition of 40% of established ....
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