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2023 Supreme(Online)(KER) 33294

HIGH COURT OF KERALA
Devan Ramachandran, J
PRASAD JOSEPH – Appellant
Versus
THE ORIENTAL INSURANCE CO. LTD. – Respondent


JUDGMENT

The appellant was horrifically injured in a road accident on 28.11.2013, when the motorcycle he was riding was collided with the offending vehicle, driven in a rash and negligent manner – leaving him in a vegetative state and unfortunately, requiring assisted living thereafter. He suffered greatly and had to undergo long periods of treatment, including follow-ups which still continues; and thereupon, he filed OP(MV)No.675/2016 before the Motor Accidents Claims Tribunal, Taliparamba (‘Tribunal’, for short), seeking compensation of an amount of Rs.15,00,000/-, which has been allowed to a sum of Rs.18,92,100/-.

2. The appellant nevertheless assails the compensation as being still inadequate and relies upon the judgment of this Court in Sreekumar v. National Insurance Company Limited [2022 (3) KHC 467] .

3. Smt.M.R.Jayalatha – learned counsel for the appellant, argued that the compensation awarded by the Tribunal ought to have been much higher, because the appellant was working as a ‘Coolie’ at the time of accident, earning Rs.15,000/- per month. She asserted that this figure ought to have been adopted by the Tribunal as his income; and compensation to have been awarded apposite

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