Damages

Compensation for injuries suffered in an accident - Insurance is not liable to indemnify the owner of the vehicles when he himself suffers injury. [The Oriental Insurance Co. Ltd vs Vasudevan Nair and anr. ILR 2001 (2) Ker 518. J.B.Koshy & N.Krishnan Nair (JJ)]

Sec. 110 - Release of fixed deposit after five years. Being a widow and claiming her share only the amount can be released. [ Zainaba vs MACT . 1999(2) KLJ 251. K.S.Radhakrishnan {J}]

Sec. 166 - Claimants of Motor Accidents cases are not seeking any charity from the K.S.R.T.C. They cannot give preference for payments who prefer to forgo interest. Date of award should be reckoned as the date criteria for payment. [ Rajasekharan Nair vs KS.R.T.C. 1999(2) KLT SN.10 Page 11. KS.Radhakrishan {J}]

Sec. 165 - The Act and the Rules do not restrict the powers of the Claims Tribunal in awarding amounts found by the Tribunal to be just even if it is in excess of the that claimed in the application. Even if the Tribunal or the court finds that the claimant is entitled to a higher amount than that claimed in the application, it will grant only the maximum amount that is claimed in the application. [ Hajara and others vs Udayan . M.FA.No. 1761 of 1998. 20-9-1999. K.K.Usha & G.Sivarajan {J&J}]

Sec. 165 - Damages -- Claim for indirect damage allegedly arising out of use of motor vehicle -- Foreseability test is applicable for adjudication. [United India Insurance Co. Vs P.M. Thomas and Ors. 1999(1) KLT 165 = 1999(1) KLJ 178. P.A. Mohammed & D. Sreedevi, JJ.]

Sec.142 - Permanent disability - Loss of front upper incisor tooth - Will not amount to permanent disability power of any member or joint is permanently destroyed. By any amount of imagination loss of one tooth cannot be compared to impairment referred under clause (a) and (b). [United India Insurance Company Ltd. v. P.V. Thomas and others. M.F.A.No.201 of 1996, dated 24-12-1999. K.K. Usha & R. Rajendran Babu (JJ)]

Sec. 110 - Release of fixed deposit after five years. Being a widow and claiming her share only the amount can be released. [ Zainaba vs MACT . 1999(2) KLJ 251. K.S.Radhakrishnan {J}]

Sec.110A - Six persons authorised to travel in a vehicle - Twenty persons injured - Practically imposible to find who are unloading workers - Total compensation is less than awarded. Appeal by Insurance Co. dismissed. [National Insurance Co. Ltd. v. Krishnakutty and others, M.F.A.No.833 of 1992, dated 5-1-2000. P.A. Mohammed & G. Sivarajan (JJ)]

Secs. 149 (2) & 171 - Interest granted from the date of claim petition, 7-2-1992 - appellant insurer was impleaded in the claim case only on 11-10-1996. Appellant, whatever be the date, cannot shirk out of that liability and contend that the appellant will pay interest only from 11-10-1996. Role of appellant is only an indemnifier . [The Oriental Insurance Co. Limited. Vs. Ananda Pai and others, 2002 (1) KLT 269 = 2001 (2) KLJ 888, dated 21st November, 2001. (K.A.Abdul Gafoor (J)]

M.V.Act - Injuries sustained while traveling in a bus - A branch of tee hit the face of the claimant when the driver took the vehicle to the extreme wrong side of the bus - Accident on account of that - No evidence by the driver of the vehicle - rejection of petition on the ground that accident occurred due to negligence of the claimant alone is not sustainable - [Nelson vs K.S.R.T.C. ILR 2002 (2) Ker., Dated 20th December, 2001. A.Lekshmikutty (J)]