LAWS(KER)-2015-8-183

UNITED INDIA INSURANCE COMPANY LIMITED Vs. ABDUL GAFOOR

Decided On August 07, 2015
UNITED INDIA INSURANCE COMPANY LIMITED Appellant
V/S
ABDUL GAFOOR Respondents

JUDGEMENT

(1.) M.A.C.A.Nos.2462, 2669, 2670 & 2672 of 2010 are filed by the claimants and MACA No.2569/2009 is filed by the Insurance Company against the award in O.P.(M.V.) No.384/2005. Therein the appeal filed by the claimant is MACA 2669/2010.

(2.) We heard learned Senior Counsel for the Insurance Company Sri. Mathews Jacob and Sri. K.I. Sageer, learned counsel for the claimants.

(3.) As far as MACA No.2569/2009 is concerned, it is submitted by the learned Senior Counsel for the appellant that the Tribunal has granted "rupi foradian" 2 lakhs for expenses for future treatment, which cannot be justified. It is submitted that the claimant had suffered pelvis fracture to both hips and "rupi foradian" 2 lakhs is provided for replacement of hip in future after 20 years and it is also submitted that the Tribunal further granted interest from the date of filing of the petition for the said amount, which is not justified. The claimant therein was travelling in a car along with certain others and the accident occurred when the car was hit by a lorry. It occurred on 29.12.2000 at about 8 p.m. The accident occurred near Feroke Check Post and the offending vehicle is a lorry bearing registration No.KL13/C 1236. The driver of the car who was the owner of the car also died in the accident and his legal representatives had filed O.P.1813/2002.