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
pms