IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 997 of 2005()
1. K. NAUSHAD @ NAUSHADALI, AGED 28,
... Petitioner
Vs
1. P. VELAYUDHAN,
... Respondent
2. K. JISHOR,
3. NEW INDIA ASSURANCE CO. LTD., MANJERI.
4. K. ABDUL NAZAR, S/O. AHAMMEDKUTTY,
5. NATIONAL INSURANCE CO. LTD., MANJERI.
For Petitioner :SRI.K.P.MUJEEB
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :22/09/2008
O R D E R
C.N. RAMACHANDRAN NAIR
&
HARUN-UL-RASHID, JJ.
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M.A.C.A.NO. 997 OF 2005
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Dated this the 22nd day of September, 2008
JUDGMENT
Ramachandran Nair, J.
Appeal is filed for enhancement of compensation awarded by the
Motor Accidents Claims Tribunal, Manjeri in O.P.(MV) No.511 of 2000.
Since notice was not served on the Insurance Company, by order dated
15.9.2008, we directed the appellant to serve copy to any counsel in the
panel of Standing Counsel for the concerned Insurance Company.
Counsel appearing for the appellant submitted that none of the counsel in
the panel of lawyers is ready to receive notice for the Insurance
Company. However, we do not think it necessary to issue fresh notice to
the Insurance Company because the enhancement proposed by us is only in
respect of the monthly income and the consequent increase required.
Hence, we proceed to dispose of the matter after hearing counsel appearing
for the appellant and after going through the award.
2. The injury sustained by the appellant is on account of the
collision of his motorbike with another motorbike coming in the opposite
M.A.C.A.NO.997/2005 2
direction. There is no scope for interfering with the finding of the
Tribunal that there is contributory negligence on the part of the appellant
to the extent of 50% thereby reducing the entitlement of compensation to
50%.
3. So far far as the claim for enhancement of compensation is
concerned, we feel that the income of the appellant fixed at Rs.2,000/- per
month for determining compensation for loss of earning is too low. We,
therefore, increase the compensation for loss of earning from 48,960/- to
Rs.75,000/- and the appellant is entitled to get 50% of the additional
compensation. The Insurance Company is directed to deposit 50% of the
additional compensation with interest at the rate of 7 1/2 % per annum
from the date of application till the date of payment.
The appeal is allowed as above.
(C.N RAMACHANDRAN NAIR)
JUDGE
(HARUN-UL-RASHID)
JUDGE
sp/
M.A.C.A.NO.997/2005 3
C.N.RAMACHANDRAN NAIR
&
HAURN-UL-RASHID, JJ.
M.A.C.A. NO. 997/2005
JUDGMENT
22nd September, 2008
M.A.C.A.NO.997/2005 4