Ali vs Ummer Kallingal on 25 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 361 of 2005()


1. ALI, AGED 45 YEARS,
                      ...  Petitioner

                        Vs



1. UMMER KALLINGAL, S/O.AVARAN,
                       ...       Respondent

2. ALANGADAN YAKOOB,

3. ORIENTAL INSURANCE COMPANY LTD.,

                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 :25/09/2008

 O R D E R
                  C .N. RAMACHANDRAN NAIR &
                       HARUN-UL-RASHID, JJ.
                  --------------------------------------------
                      M.A.C.A. No. 361 OF 2005
                  --------------------------------------------
              Dated this the 25th day of September, 2008

                                JUDGMENT

Ramachandran Nair,J.

Appeal is filed with a delay of 71 days. Considering the grounds

stated in the affidavit in support of the delay petition, we condone the

delay. In the normal course we should issue notice, and hear

respondents before the disposal of the appeal. However, since the

appeal is filed three years back, we have gone through the award and

heard counsel for the appellant. We find only marginal increase is

called for in the compensation awarded. If notice is issued and

insurance company is heard in the matter, we do not think the same will

make any difference, but on the other hand, if company is made to

appear in court, it will only lead to further expenses to the company.

We therefore proceed to dispose of the appeal after hearing appellant

on merits.

2. Appellant has sustained injury in a motor accident and MACT

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found that the vehicle involved is covered by insurance policy and

hence insurance company is liable to pay compensation. The total

compensation awarded is Rs. 39,792/- which includes an amount of

Rs. 24,192/- granted towards compension for disability. Even though

the award is prima facie reasonable, we feel some increase is called for

because appellant was in the hospital as inpatient on account of the

accident for 32 days. In the circumstances, and having regard to the

claim of higher income for the purpose of compensation, we enhance

the compensation from Rs. 39,792/- to Rs. 50,000/-. We feel granting

of 6% interest is very low and therefore we direct the insurance

company to pay interest at 7.5 per cent per annum on the full

compensation amount including additional compensation awarded by

us from the date of application till date of deposit.

Appeal is disposed of as above.

(C.N.RAMACHANDRAN NAIR)
Judge.

(HARUN-UL-RASHID)
Judge.

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