IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 731 of 2008()
1. P.P.MATHEW, AGED 67 YEARS,
... Petitioner
Vs
1. K.R.MOHANKUMAR, S/O.RAMAVARMA
... Respondent
2. A.A.SAJEEV, S/O.AYYAPPAN PILLAI,
3. NATIONAL INSURANCE CO.LTD.,
For Petitioner :SRI.R.SUDHISH
For Respondent :SRI.LAL GEORGE
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :20/08/2009
O R D E R
K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ.
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M.A.C.A. NO: 731 OF 2008
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Dated this the 20th Day of August, 2009.
JUDGMENT
K. M. Joseph J.
Since the insurance is admitted and the matter relates only for
enhancement, we are not issuing notice to respondents1 and 2.
2. We heard the learned counsel for the appellant and the
learned counsel for the Insurance company.
3. Learned counsel for the appellant would contend that the
claim was for Rs.1,50,000/- and only an amount of Rs.31,191/-
was granted. She would submit that the appellant suffered
lacerated wound, left upper eye lid, lacerated wound 1 cm chin,
tenderness, buttock and fracture neck of femur (L). The appellant
was doing business in curry leaves. He suffered a disability of
40%, which was certified by the Medical Board. The learned
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counsel for the appellant fairly conceded that, the certificate is not
brought on record. There is no contention in the appeal also. She
would contend that as a matter of fact, only because of a slip, it
was not marked. She would also contend that appropriate amount
of compensation was not paid towards loss of earning.
4. The learned counsel for the Insurance company supported
the award.
5. We find that the appellant was 60 years of age at the time
of the accident. No amount has been granted towards loss of
amenity. We also took note of the circumstances that a copy of the
medical certificate is made available to the learned counsel for the
Insurance company, though it was not produced and proved, as
such. Learned counsel for the Insurance company would point out
that the percentage of disability is exaggerated and according to
him the injury cannot be given rise to the said disability. Having
regard to the facts of the case, we feel that in the interest of justice,
M.A.C.A . NO: 731 OF 2008
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an amount of Rs.20,000/- more can be awarded.
Accordingly the appeal is allowed and the appellant is
allowed to realise an amount of Rs.20,000/- more along with
interest of 7.5% from the date of petition till the date of realisation
from the third respondent.
K. M. JOSEPH, JUDGE
M. L. JOSEPH FRANCIS, JUDGE
dl/