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I.K.George vs T.K.Rajan on 3 August, 2009

Kerala High Court
I.K.George vs T.K.Rajan on 3 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1043 of 2006()


1. I.K.GEORGE, AGED 58 YEARS,
                      ...  Petitioner

                        Vs



1. T.K.RAJAN, THOKALADAYIL HOUSE,
                       ...       Respondent

2. M.D.SANTHOSH, S/O.DIVAKARAN,

3. THE UNITED INDIA INSURANCE COMPANY

                For Petitioner  :SRI.ANIL S.RAJ

                For Respondent  :SRI.T.B.THANKAPPAN

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :03/08/2009

 O R D E R
                   C.N.RAMACHANDRAN NAIR &
                           C.K.ABDUL REHIM, JJ.
              ....................................................................
                         M.A.C.A. No.1043 of 2006
              ....................................................................
                Dated this the 5th day of August, 2009.

                                     JUDGMENT

Ramachandran Nair, J.

Appeal is filed for enhancement of compensation for the damage

suffered to appellant’s building. We have heard counsel appearing for

the appellant and have gone through the award. It is seen that the

occupant of one of the rooms who was a claimant in a connected case,

accepted the award. Even though appellant claims that the

compensation awarded is inadequate, appellant has not produced any

evidence towards proof of repair cost incurred by him. Admittedly

building has suffered only peripheral damage and the MACT has

granted total compensation of Rs.50,500/- together with cost.

However, considering the Survey Report which shows the nature of

damage, we enhance the compensation by a further sum of Rs.5,000/-

2

which will carry interest at 7.5% p.a. from date of claim petition till

date of payment. Appeal stands allowed in part as above.

C.N.RAMACHANDRAN NAIR
Judge

C.K.ABDUL REHIM
Judge
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