IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 100 of 2003(C)
1. AMEERALI.K.V.S., S/O.ABDUL RAHIMAN,
... Petitioner
Vs
1. B.SURESH BABU, S/O.N.V.BALAKRISHNAN,
... Respondent
2. THE ORIENTAL INSURANCE COMPANY LTD,
3. ABDULLAKUNHU, S/O.KIZHOOR MUHAMMED,
4. THE UNITED INDIA INSURANCE COMPANY,
For Petitioner :SRI.T.K.VIPINDAS
For Respondent :SRI.M.A.GEORGE
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :15/07/2008
O R D E R
C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ.
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M.A.C.A. No.100 of 2003
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Dated, this the 15th day of July, 2008
J U D G M E N T
Ramachandran Nair, J.
The appeal is filed for enhancement of compensation awarded by
the MACT. It is seen that the MACT limited the entitlement to 30% as
accident was caused primarily (70%) by the appellant claimant. The
liability has to be borne by the 2nd respondent, the insurer of the auto-
rickshaw. The compensation awarded under various heads is quite
reasonable. We find that the income adopted for award of
compensation for disability at Rs.1,500/- per month is too low. We
refix the income at Rs.2,000/- per month for the purpose of fixing the
compensation for disability. Consequently, compensation under this
head is increased from Rs.30,000/- to Rs.40,000/-. The insurance
company will deposit 30% of the amount with interest on the said
amount @7.5% from the date of application till date of deposit.
The appeal will stand allowed to the above extent.
(C.N.RAMACHANDRAN NAIR, JUDGE)
(V.K.MOHANAN, JUDGE)
jg