IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1309 of 2004()
1. NIZAR, S/O. IBRAHIM, VELIYIL NIKARTHIL,
... Petitioner
Vs
1. THE MANAGING DIRECTOR, M/S. AMALGAM
... Respondent
2. DILEEP KUMAR, S/O. DAMODARAN,
3. THE NATIONAL INSURANCE CO.LTD.,
For Petitioner :SRI.ESM.KABEER
For Respondent :SRI.M.A.GEORGE
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :22/01/2009
O R D E R
C .N. RAMACHANDRAN NAIR &
C. K. ABDUL REHIM, JJ.
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M.A.C.A. No. 1309 OF 2004
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Dated this the 22nd day of January, 2009
JUDGMENT
Ramachandran Nair,J.
Heard counsel appearing for the appellant and standing counsel
appearing for the insurance company. The case of the appellant is that
injuries left his one leg short by two inches and therefore disability at
12% is certified. However, standing counsel for the insurance
company pointed out that appellant is also granted compensation for
disability at Rs. 20,000/- and a further sum of Rs. 6,000/- for loss of
earning power, and it cannot be granted together. Even though we
agree that compensation cannot be granted together under these two
heads, we feel there is no scope for interference because going by the
percentage of disability certified and taking at least Rs. 1500/- as
monthly income, the total compensation payable under this head will
be something around Rs. 35,000/- while the compensation granted
under these two heads is only Rs. 26,000/-. We therefore allow the
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appeal in part by enhancing the compensation by a further sum of Rs.
10,000/- which will carry interest at 7.5 per cent per annum from the
date of application till date of payment.
(C.N.RAMACHANDRAN NAIR)
Judge.
(C.K. ABDUL REHIM)
Judge.
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