SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2016 Supreme(Ker) 853

C.T.RAVIKUMAR, MARY JOSEPH
Thomas George P. – Appellant
Versus
O. Santha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. C.M. Tomy, Sri. Mathew Skaria, Sri. K.J. Josemon
For the Respondent: Sri. M. Jacob Murickan

JUDGMENT :

C.T. Ravikumar, J.

These appeals arise from the award dated 20.10.2010 in O.P.(MV)No.1567/07 of the Motor Accidents Claims Tribunal, Kottayam. The claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 (for short 'M.V. Act') seeking compensation for the death of one Sherly V. Sebastian occurred on 16.05.2007 in a motor vehicle accident, by the legal heirs of the deceased, who are respectively the widower and the minor daughter. The Tribunal passed the impugned award for an amount of Rs. 30,00,000/- with interest at the rate of 7.5% per annum from the date of petition (18.10.2007) till payment and also with a cost of Rs. 40,000/-. In fact, the Tribunal passed such an award for Rs. 30,00,000/- after arriving at a finding that the appellants are entitled to get a compensation of Rs. 37,57,500/- solely for the reason that they had limited their claim to Rs. 30,00,000/-. The former appeal has been preferred by the claimants seeking enhancement of the compensation whereas the latter appeal has been preferred by the insurer of the offending vehicle viz., the third respondent in the former appeal contending that the amounts awarded by the Tribunal as per the im
































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top