IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 429 of 2004()
1. RAVI. B., RAMAPURATH VADAKKATHIL,
... Petitioner
Vs
1. JAFFAR KUNJU, PALAVALLI THEKKATHIL,
... Respondent
2. HASHIR, PALAVALLI THEKKATHIL,
3. NEW INDIA ASSURANCE COMPANY,
For Petitioner :SRI.S.ABDUL RAZZAK
For Respondent :SRI.JOHN BRITTO
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :13/11/2008
O R D E R
C .N. RAMACHANDRAN NAIR &
HARUN-UL-RASHID, JJ.
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M.A.C.A. No. 429 OF 2004
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Dated this the 13th day of November, 2008
JUDGMENT
Ramachandran Nair,J.
Appeal is filed for enhancement of compensation for the injuries
sustained by the appellant in a road accident. We have heard counsel
appearing for the appellant and standing counsel appearing for the
insurance company. The accident is admitted and insurer is ordered to
pay compensation to the appellant. The question therefore to be
considered in this appeal is only for enhancement.
2. We find force in the contention of counsel for the appellant
that income fixed at Rs. 1500/- per month for granting compensation
for disability is inadequate because appellant was stated to be a fish
merchant, aged only 31 years at the time of the accident. Even though
there is no proof of business and income earned, we feel a youngman of
reasonable health will be able to earn at least Rs. 3000/- per month,
whatever be the work he is engaged in. We therefore fix the income of
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the appellant at Rs. 3,000/- per month which entitles him for additional
compensation of Rs. 45,900/- towards disabilsity. Since we have
increased the monthly income to rs. 3,000/- appellant will be entitled to
further sum of Rs. 9,000/- towards loss of earning during the period of
treatment. This also is granted to the appellant. Since injury was
sustained in Tamil Nadu and appellant was transported to two hospitals
in Tamil Nadu and Trivandrum, we feel appellant is entitled to another
Rs. 6,000/- towards transportation charges. Appellant is entitled to
additional compensation of Rs. 6,000/- under this head also.
Additional compensation granted above will carry interest at the rate of
7.5 per cent per annum from the date of application till date of
payment.
Appeal stands allowed to the above extent.
(C.N.RAMACHANDRAN NAIR)
Judge.
(HARUN-UL-RASHID)
Judge.
kk
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