IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 563 of 2006()
1. ANILKUMAR, S/O.GOPI,
... Petitioner
Vs
1. P.T.OUSEPH, POTTATHUPARAMBIL HOUSE,
... Respondent
2. JOBAI, S/O.VARGHESE,
3. THE MANAGER, ORIENTAL INSURANCE CO.LTD.,
For Petitioner :SRI.P.V.BABY
For Respondent :SRI.P.V.JYOTHI PRASAD
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :15/09/2008
O R D E R
C.N.RAMACHANDRAN NAIR &
HARUN-UL-RASHID, JJ.
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M.A.C.A. No.563 of 2006
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Dated this the 15th day of September, 2008.
JUDGMENT
Ramachandran Nair, J.
Heard counsel for the appellant. The appeal is filed for enhancement
of compensation for the injury sustained by the appellant in the accident.
Even though percentage of disability under the Medical Certificate is 10%,
MACT has taken 5% as the percentage of disability. Counsel submitted
that there is no justification for rejecting the Medical Certificate produced.
However, we find that the Medical Certificate produced is issued by a
private Doctor who was also not examined. Moreover, considering the
nature of injuries sustained by the appellant, we feel the claim of disability
at 10% is exaggerated and MACT rightly estimated it at 5%. However,
having regard to the fact that appellant was employed as a mason, the
annual income fixed at Rs.18,000/- is little low. We, therefore, enhance
the total compensation from Rs.42,798/- to rupees fifty thousand with
direction to the Insurance Company to deposit the additional compensation
2
with interest at 7.5% per annum from date of application till date of
payment. The appeal stands allowed to the above extent.
C.N.RAMACHANDRAN NAIR
Judge
HARUN-UL-RASHID
Judge
pms