IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 109 of 2003()
1. K.V.RAMESHAN @ RAMESH BABU,
... Petitioner
Vs
1. K.V.GANGADHARAN S/O. N.GOVINDAN,
... Respondent
2. ROY MATHEW, S/O. MATHEW,
3. THE MANAGER, UNITED INDIA INSURANCE
For Petitioner :SRI.M.V.AMARESAN
For Respondent :SRI.AGINOV MATHAPPAN
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :12/11/2008
O R D E R
C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ.
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M.A.C.A No. 109 of 2003
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Dated this the 12th day of November , 2008
JUDGMENT
Ramachandran Nair .J,
This appeal is filed for enhancement of compensation for the injuries
sustained by the appellant who is a bus conductor by profession. While
alighting from the rear side of a jeep,the appellant was hit by another jeep
driven by the 1st respondent. Even though the appellant sustained major
injuries including fracture of both bones of the left leg which led to permanent
disability, he did not produce any disability certificate before the M.A.C.T.
The M.A.C.T. therefore granted compensation under other heads except for
permanent disability. In the normal course, the appellant should be given one
more opportunity to produce disability certificate before M.A.C.T. for
considering compensation for permanent disability. However we feel a
reasonable increase of the total compensation will meet the ends of justice
because the accident happened 13 years back and it would not be fair to
drag the appellant again before the M.A.C.T. We are also of the view that
the income adopted at Rs.50/- per day for a bus conductor is too low.
Therefore for the loss of employment for nine months during which period
the appellant has undergone treatment, we grant a further sum of Rs.10,000/-.
M.A.C.A. No. 109 of 2003 -2-
Besides this, having regard to the gravity of the injuries sustained by the
appellant we grant a further sum of Rs.25,000/- towards compensation for
disability. The Insurance Company is directed to deposit the additional
compensation amount i.e Rs. 35,000/- with interest at the rate of 7 = %
per annum from the date of application till the date of payment.
This appeal is allowed to the above extent.
(C.N.RAMACHANDRAN NAIR,JUDGE)
(HARUN-UL-RASHID, JUDGE)
es.
M.A.C.A. No. 109 of 2003 -3-
C.N.RAMACHANDRAN NAIR
&
HARUN-UL-RASHID, JJ.
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M.A.C.A No. 109 of 2003
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JUDGMENT
12th November, 2008