IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 329 of 2007()
1. S.MAHENDRAN, S/O.K.S.SREEDHARAN,
... Petitioner
Vs
1. RAMACHANDRAN S/O.RAMAN NAIR, AGED 40
... Respondent
2. A.SHAREEF, AGED 42 YEARS,
3. ORIENTAL INSURANCE COMPANY LIMITED,
For Petitioner :SRI.E.R.VENKATESWARAN
For Respondent :SRI.GEORGE CHERIAN (THIRUVALLA)
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :05/02/2009
O R D E R
C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM,JJ.
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MACA.NO. 329 of 2007
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Dated this the 5th day of February, 2009
JUDGMENT
Ramachandran Nair,J.
This appeal is filed for enhancement of compensation for
the injury sustained by the appellant. In the connected appeals
Nos.415/2005 and 78/2007, we held that contributory negligence
on appellant’s side is 50%. Therefore compensation awarded
will stand reduced by 50%.
2. Counsel for the appellant referred to the medical
records and pointed out that the appellant has suffered major
disabilities in hearing and vision and he needs further treatment.
We find force in the contention because the injuries to the head
led to disability in vision and hearing. Further the MACT has
reduced the income towards personal expenses while determining
the compensation for disability. The annual gross income
adopted by the MACT was Rs.3750/- p.m. Since we find no
justification for reducing 1/3rd for personal expenses, this is
taken as net income for fixation of compensation for disability.
MACA. 329/2007 2
Consequently, the total compensation payable for disability will
be Rs.2,43,000/- as against Rs.1,62,000/- granted by the MACT.
The additional compensation works out to Rs.81,000/- and since
50% contributory negligence is found by us, the appellant will be
entitled to additional compensation of Rs.40,500/-. We feel the
appellant is entitled to some additional sum towards future
medical treatment which we estimate at Rs.20,000/-. Out of
which 50% will stand reduced on account of contributory
negligence. The additional compensation of Rs.50500/- will carry
interest at 7.5% p.a. from the date of application till the date of
payment.
The appeal stands allowed as above.
C.N.RAMACHANDRAN NAIR,JUDGE
C.K.ABDUL REHIM,JUDGE
pmn/
MACA. 329/2007 3