In what could possibly be the highest compensation awarded in the State to an injured in an accident, a 64-year-old man has received Rs.1.22 crore after a legal battle for 17 years.
Subhash Bose, former associate professor at the Department of ENT, Kozhikode Medical College, who is paraplegic since the accident, had been given the compensation by the New India Assurance Company. Dr. Bose hails from Gandhinagar in Kottayam.
The case relates to an accident on March 19, 1997, at Pattithanam, near Ettumanur, on MC Road. Dr. Bose’s car was hit by a speeding private service bus. Having suffered serious spinal injuries, Dr. Bose was provided specialised treatment at the Kottayam Medical College and, later, at some private medical institutions.
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Despite the treatment, he had been confined to wheelchair. He was unable to continue working since the accident.
Following years of legal battle, Dr. Bose was awarded a compensation of Rs.74,73,846 (including court expenses and interest) by the Motor Accidents Claims Tribunal (MACT), Kottayam, on April 2, 2007. However, the insurance company filed an appeal against the judgment in the Kerala High Court. The plaintiff also filed a counter-appeal. On July 12, 2013, a Division Bench of the High Court comprising justices Antony Dominic and P.D. Rajan rejected the appeal and upheld the counter-appeal of the plaintiff. With the company failing to provide the compensation yet again, Dr. Bose moved the MACT to initiate revenue recovery proceedings against the defendant. MACT judge George Mathew issued an attachment order, following which the insurance company furnished the compensation amount (including interest and court expenses) before the MACT on March 21, 2014. The plaintiff received the amount a few days ago.