IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1725 of 2006()
1. JOHNSON,
... Petitioner
Vs
1. VENU, S/O. DAMODARAN,
... Respondent
2. MANAGER,
For Petitioner :SRI.P.V.BABY
For Respondent :SRI.VPK.PANICKER
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :01/06/2009
O R D E R
C .N. RAMACHANDRAN NAIR &
C. K. ABDUL REHIM, JJ.
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M.A.C.A. No. 1725 OF 2006
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Dated this the 1st day of June, 2009
JUDGMENT
Ramachandran Nair,J.
After hearing counsel for the appellant and standing counsel
appearing for the insurance company we do not think there is any scope
for enhancement of compensation. In the first place, we are of the view
that falling of the appellant alone from the autorikshaw in which he
was travelling when the driver applied brake indicates that there would
have been excess load in the vehicle or he would have been sitting in a
negligent manner throwing himself out of the vehicle. In any case there
is no scope for enhancement of compensation. However, since interest
granted at 6% per annum is very low, we enhance the interest to 7.5%
per annum which will be payable on the entire compensation from the
date of application till date of payment.
Appeal is disposed of as above.
(C.N.RAMACHANDRAN NAIR)
Judge.
(C. K. ABDUL REHIM)
Judge.
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