K.P.Sajan vs National Insurance Co. Ltd on 30 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1338 of 2004()


1. K.P.SAJAN, S/O. RAJAN,
                      ...  Petitioner

                        Vs



1. NATIONAL INSURANCE CO. LTD.,
                       ...       Respondent

                For Petitioner  :SRI.M.V.AMARESAN

                For Respondent  :SRI.M.A.GEORGE

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

 Dated :30/01/2009

 O R D E R
                    C.N.RAMACHANDRAN NAIR &
                            C.K.ABDUL REHIM, JJ.
               ....................................................................
                          M.A.C.A. No.1338 of 2004
               ....................................................................
               Dated this the 30th day of January, 2009.

                                      JUDGMENT

Ramachandran Nair, J.

Appeal is filed for enhancement of compensation for the injury

sustained by the appellant in a road accident. We have heard counsel

for the appellant and Standing Counsel for the Insurance Company.

2. We find force in the contention of the appellant that the

income adopted at Rs.1,500/- per month is low because appellant

claims to be the manager of a furniture company. Even though counsel

for the Insurance Company submitted that there is no proof of income

earned by the appellant, we feel reasonable income has to be estimated.

Considering the age of the appellant and the work in which he was

engaged, we refix his monthly income at Rs.2,500/-. This will entitle

the appellant for compensation for loss of earning for four months at

Rs.10,000/- as against Rs.6,000/- granted by MACT. Similarly, for

permanent disability appellant will be entitled to Rs.32,500/- as against

Rs.19,500/- granted by the MACT. The additional compensation of

2

Rs.17,000/- granted by us will carry interest at 7.5% p.a. from date of

application till date of payment. No other modification is called for in

the award. Appeal stands allowed to the above extent.

C.N.RAMACHANDRAN NAIR
Judge

C.K.ABDUL REHIM
Judge
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