IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 238 of 2004(B)
1. KRISHNANKUTTY, S/O. PAMGODAN,
... Petitioner
Vs
1. IBRAHIM, S/O. MOIDEEN, VALIYA
... Respondent
2. V.P. MOIDEEN, S/O. KOYAKUTTY,
3. UNITED INDIA INSURANCE COMPNAY LTD.
For Petitioner :SRI.E.R.VENKATESWARAN
For Respondent :SRI.SANTHEEP ANKARATH
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :11/11/2008
O R D E R
C .N. RAMACHANDRAN NAIR &
HARUN-UL-RASHID, JJ.
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M.A.C.A. No. 238 OF 2004
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Dated this the 11th day of November, 2008
JUDGMENT
Ramachandran Nair,J.
Appeal is filed for enhancement of compensation for the injuries
sustained by the appellant. We have heard counsel appearing for the
appellant and the standing counsel appearing for the insurance
company. Appellant’s case is that he suffered extensive damage to his
legs and the doctor treating him advised amputation. In order to avoid
it he went to some place in Andhra Pradesh where he underwent
treatment in some unconventional methods which saved his legs.
According to him, expenditure incurred by him for treatment in Andhra
Pradesh was not granted because the system of treatment was not
recognised. We do not think any recognition is required for
reimbursing expenditure for treatment because if the treatment is
successful, the injured is entitled to compensation. In any case we find
that even 20% disability certified by Orthopaedic surgeon is reduced to
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five per cent by the MACT without any justification. Even though
there may be some exaggeration about per centage of disability, we feel
reduction of disability to five per cent is not justified. We therefore
grant additional compensation of Rs. 20,000/- to the appellant, which
will carry interest at the rate of 7.5 per cent per annum from the date of
application till date of deposit by the insurance company.
Appeal stands allowed to the above extent.
(C.N.RAMACHANDRAN NAIR)
Judge.
(HARUN-UL-RASHID)
Judge.
kk
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