IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1101 of 2006()
1. SHAJAHAN, S/O. ABOOBACKER KUNJU,
... Petitioner
Vs
1. S. NAZAR SHA, S/O. SHAHUL HAMEED,
... Respondent
2. P. JOY, S/O. PRABHAKARAN,
3. THE DIVISIONAL MANAGER,
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :SRI.P.V.JYOTHI PRASAD
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :01/06/2009
O R D E R
C .N. RAMACHANDRAN NAIR &
C. K. ABDUL REHIM, JJ.
--------------------------------------------
M.A.C.A. No. 1101 OF 2006
--------------------------------------------
Dated this the 1st day of June, 2009
JUDGMENT
Ramachandran Nair,J.
Heard counsel for the appellant and standing counsel appearing
for the insurance company. Appellant has claimed further treatment
expenses after award by producing transport documents, and bills for
purchase of medicine. Besides these documents, appellant has also
produced bills charged by the hospital for the treatment he undertook
after the award. The documents produced are for around Rs. 12,000/-.
Counsel further submitted that percentage of disability certified by the
doctor at 28% should have been granted. However counsel for the
insurance company submitted that there is inflation of percentage of
disability because the injuries, after treatment, did not make him
unable to do his business. We do not think there is any scope for
enhancement of percentage of disability from 20% accepted by the
Tribunal. The monthly income of the appellant as fish vendor is fixed
by the Tribunal at Rs. 2000/- which is not unreasonable. However,
2
considering the additional claim for further treatment and the sufferings
he had, we enhance the compensation by a further sum of Rs. 25,000/-
which will carry interest at the same rate granted by the MACT from
the date of application till date of deposit.
Appeal is allowed to the above extent.
(C.N.RAMACHANDRAN NAIR)
Judge.
(C. K. ABDUL REHIM)
Judge.
kk
3