High Court Kerala High Court

Ameerali.K.V.S. vs B.Suresh Babu on 15 July, 2008

Kerala High Court
Ameerali.K.V.S. vs B.Suresh Babu on 15 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 100 of 2003(C)


1. AMEERALI.K.V.S., S/O.ABDUL RAHIMAN,
                      ...  Petitioner

                        Vs



1. B.SURESH BABU, S/O.N.V.BALAKRISHNAN,
                       ...       Respondent

2. THE ORIENTAL INSURANCE COMPANY LTD,

3. ABDULLAKUNHU, S/O.KIZHOOR MUHAMMED,

4. THE UNITED INDIA INSURANCE COMPANY,

                For Petitioner  :SRI.T.K.VIPINDAS

                For Respondent  :SRI.M.A.GEORGE

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN

 Dated :15/07/2008

 O R D E R
          C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ.
                         -------------------------
                        M.A.C.A. No.100 of 2003
                     ---------------------------------
                 Dated, this the 15th day of July, 2008

                             J U D G M E N T

Ramachandran Nair, J.

The appeal is filed for enhancement of compensation awarded by

the MACT. It is seen that the MACT limited the entitlement to 30% as

accident was caused primarily (70%) by the appellant claimant. The

liability has to be borne by the 2nd respondent, the insurer of the auto-

rickshaw. The compensation awarded under various heads is quite

reasonable. We find that the income adopted for award of

compensation for disability at Rs.1,500/- per month is too low. We

refix the income at Rs.2,000/- per month for the purpose of fixing the

compensation for disability. Consequently, compensation under this

head is increased from Rs.30,000/- to Rs.40,000/-. The insurance

company will deposit 30% of the amount with interest on the said

amount @7.5% from the date of application till date of deposit.

The appeal will stand allowed to the above extent.

(C.N.RAMACHANDRAN NAIR, JUDGE)

(V.K.MOHANAN, JUDGE)

jg