IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2627 of 2008()
1. SUJITH TOM JOSE, THEEMPALAGATTU USHAS,
... Petitioner
Vs
1. P.V.RAMACHANDRAN NAIR, VATTUKULAM HOUSE,
... Respondent
2. SURESH @ MANI, KONDONDAYIL HOUSE,
3. THE ORIENTAL INSURANCE CO. LTD.,
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :25/11/2008
O R D E R
J.B.KOSHY & THOMAS P. JOSEPH, JJ.
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M.A.C.A. No.2627 of 2008
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Dated this the 25th day of November, 2008.
JUDGMENT
Koshy, J.
A 19 year old engineering student sustained injuries in a motor accident
on 30.4.2002. Medical Board certified disability at 10%. Taking notional
income as Rs.5,000/- per month, compensation was calculated and
granted. Medical expenses were reimbursed. Total amount of compensation
was Rs.1,90,000/- with 7% interest from the date of application till the date of
payment, excluding the period from 23.2.2007 to 1.3.2008 as the petition was
dismissed on 22.2.2007 for default and restored only on 1.3.2008. This appeal
is filed challenging the inadequacy of compensation awarded by the Tribunal. It
is submitted that appellant was employed after the accident and he produced a
salary certificate. Considering the nature of injuries, percentage of disability
certified and the age of the appellant/claimant, we are of the opinion that just and
reasonable compensation is granted and no enhancement is necessary.
Appeal is dismissed.
J.B.KOSHY,
JUDGE.
THOMAS P.JOSEPH,
JUDGE.
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