High CourtsSingle Bench

Sobana Kumari And Ors vs Managing Director

High Court Of Kerala · Decided on 3 March 2021 · Citation: (2021) 03 KL CK 0040

HON’BLE JUDGES
C.S. Dias, J
RESULT
Allowed
CASE NUMBER
Maca No. 1794 Of 2013

AI Structured Summary

Not yet generated for this judgment

Judgment

41 paragraphs · 254 words

SI No,Head of claim,Amount claimed (in rupees),"Amount awarded by the

Tribunal(in rupees)",

1.,Loss of Dependency,"8,15,000/-","4,80,000/-",

2.,Transport to hospital,"1,000/-","1,000/-",

3.,Damage to clothings,"1,000/-","1,000/-",

4.,Funeral expense,,"10,000/-",

5.,Medical expenses,"33,000/-","14,370/-",

6.,Bystanders expenses,,200/-,

7.,"Pain and suffering endured

by deceased","25,000/-","10,000/-",

8.,"Compensation for loss of

estate","50,000/-","5,000/-",

9.,Loss of love and affection,"50,000/-","60,000/-",

10.,Loss of consortium,"25,000/-","10,000/-",

,Total,"10,00,000/ - limited to

7,00,000/-","5,91,570/-",

SI No,Head of claim,Amount claimed (in rupees),"Amount awarded by the

Tribunal(in rupees)","Amounts modified and re

calculated by this Court

(in rupees)

1.,Loss of Dependency,"8,15,000/-","4,80,000/-","11,34,000/-

2.,Transport to hospital,"1,000/-","1,000/-","1,000/-

3.,Damage to clothings,"1,000/-","1,000/-","1,000/-

4.,Funeral expense,,"10,000/-","15,000/-

5.,Medical expenses,"33,000/-","14,370/-","14,370/-

6.,Bystanders expenses,,200/-,"2,000/-

7.,"Pain and suffering endured

by deceased","25,000/-","10,000/-","20,000/-

8.,"Compensation for loss of

estate","50,000/-","5,000/-","15,000/-

9.,Loss of love and affection,"50,000/-","60,000/-","1,60,000/-

10.,Loss of consortium,"25,000/-","10,000/-",

,Total,"10,00,000/ - limited to

7,00,000/-","5,91,570/-","13,62,370/-

law laid down by the Hon'ble Supreme Court in Nagappa vs. Gurudayal Singh [ 2003 (1) KLT 115(SC)].,,,,

In the result, the appeal is allowed. The appellants are entitled for an enhanced compensation of Rs.7,70,800/-(Rupees Seven Lakh Seventy Thousand",,,,

Eight Hundred only) along with interest @ of 7.5% p.a on the enhanced compensation from the date of petition till the date of realisation with,,,,

proportionate costs. The respondent shall deposit the additional compensation granted in this appeal, before the Tribunal with interest and proportionate",,,,

costs, within a period of two months from the date of receipt of a certified copy of the judgment, after deducting the liability of the",,,,

appellants/petitioners towards balance court fee and legal benefit fund on the enhanced compensation, which shall be deposited before the Tribunal.",,,,

The Tribunal shall disburse the additional compensation to the appellants/petitioners, in accordance with law.",,,,