IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 546 of 2006()
1. P.M.UMMERKUTTY, S/O.MOOSAN,
... Petitioner
Vs
1. THE UNITED INDIA INSURANCE CO.LTD.,
... Respondent
For Petitioner :SRI.GRASHIOUS KURIAKOSE
For Respondent :SRI.N.S.MOHAMMED USMAN
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :04/09/2008
O R D E R
C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ.
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M.A.C.A. No. 546 of 2006
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Dated, this the 4th day of September, 2008
J U D G M E N T
Ramachandran Nair, J.
Heard learned counsel for the appellant and learned standing
counsel for the Insurance Company.
2. The appeal is filed for enhancement of compensation for the
injury sustained by the appellant. Learned counsel pointed out that
the income fixed is low and multiplier is also incorrect because the
appellant was 35 years of age and the applicable multiplier is 17.
Besides this, the contention is that for loss of earning power no
compensation is granted. Having regard to the contentions raised, we
feel an increase is called for, more so because the injury would have
led to disemployment for sometime. In the circumstances and having
regard to the totality of the facts, we enhance the compensation from
Rs. 78,750/- to Rs.1,00,000/-. The insurance company is directed to
deposit the additional compensation with interest @ 7.5% from the
date of application till date of payment.
The appeal is allowed to the above extent.
(C.N.RAMACHANDRAN NAIR, JUDGE)
(V.K.MOHANAN, JUDGE)
jg