KUM. MICHAEL versus REGIONAL MANAGER ORIENTAL INSURANCE CO. LTD.

KUM. MICHAEL versus REGIONAL MANAGER ORIENTAL INSURANCE CO. LTD.

Due to the permanent disability, pain, suffering, and loss of amenities resulting from the accident suffered by the appellant at age eight, compensation must be enhanced beyond that granted by the Tribunal and High Court, determined as Rs. 4 lakhs with interest.

Parties
Appellant: Kum. Michael; Respondent: Regional Manager Oriental Insurance Co. Ltd.; Respondent: Owner of Hero Puch Motor Cycle
Jurisdiction
India
Judgment Date
11 February 2013
Procedural Posture
Civil Appeal / Final Judgment on Appeal Against High Court Order
Outcome
Appeal allowed
Legal Topics
Compensation for Permanent Disability, Loss of Amenities, Assessment of Damages, Delay/condonation
Motor Accident Personal Injury Compensation for Permanent Disability Loss of Amenities Assessment of Damages Delay/condonation

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Parties

Kum. Michael

Appellant

Regional Manager Oriental Insurance Co. Ltd.

Respondent

Owner of Hero Puch Motor Cycle

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal Against High Court Order

Legal Issues

  1. 1 What is the appropriate compensation for permanent disability, pain, suffering, and loss of amenities caused by a motor accident to a minor?
  2. 2 Should the quantum of compensation awarded by the Tribunal and enhanced by the High Court be further enhanced?

Ratio Decidendi

Due to the permanent disability, pain, suffering, and loss of amenities resulting from the accident suffered by the appellant at age eight, compensation must be enhanced beyond that granted by the Tribunal and High Court, determined as Rs. 4 lakhs with interest.

Court Disposition

Appeal allowed

Orders

  • Condonation of delay in filing appeal
  • Compensation enhanced to Rs. 4 lakhs with interest at 6% per annum from date of petition till realization