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Kannan vs Moideen.M. on 21 August, 2009

Kerala High Court
Kannan vs Moideen.M. on 21 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 76 of 2003(C)


1. KANNAN S/O. PAZHANI, KOTAMPATTA HOUSE,
                      ...  Petitioner

                        Vs



1. MOIDEEN.M., MACHINGAL HOUSE,
                       ...       Respondent

2. RAFEEQUE S/O. KUNJUMON, CHANDANATH

3. THE ORIENTAL INSURANCE CO. LTD.,

                For Petitioner  :SRI.P.V.CHANDRA MOHAN

                For Respondent  :SRI.GEORGE CHERIAN (THIRUVALLA)

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

 Dated :21/08/2009

 O R D E R
                  C .N. RAMACHANDRAN NAIR &
                       C. K. ABDUL REHIM, JJ.
                  --------------------------------------------
                       M.A.C.A. No. 76 OF 2003
                  --------------------------------------------
                Dated this the 21st day of August, 2009

                               JUDGMENT

Abdul Rehim, J.

Claimant before the Tribunal is in appeal seeking enhancement of

the compensation awarded. He sustained injuries when a Tempo Van

knocked down him while he was working through the public road. The

appellant sustained severe injuries including fracture of vertebrae. He

had prolonged treatment. The injuries sustained had resulted in

causing permanent disability which is assessed in Ext.A5 certificate as

20%.

2. Heard the learned counsel for the appellant and standing

counsel for the third respondent-insurance company. It is contended

that even after the Tribunal accepting his monthly income as Rs.

1750/-, the compensation under the head of permanent disability and

loss of earning power was not calculated adopting the multiplier

method and accepting the percentage of disability. It is also contended

that the Tribunal had failed to award any amount towards compensation

for loss of amenities and enjoyment in life.

2

3. On consideration of the evidence on record, we are inclined to

accept the contention that the compensation for disability ought to have

been calculated on the basis of multiplier method. Considering the

monthly income of the appellant at Rs. 1,750/- and adopting the

multiplier of 17, compensation for permanent disability at 20% will

work out to Rs. 71,400/-. This will entitle the appellant to enhanced

compensation of Rs. 46,400/- under that head. We are inclined to

award an amount of Rs. 15,000/- towards loss of amenities and

enjoyment in life. Thus the appellant is entitled to an additional

compensation of Rs. 61,400/-.

In the result, the appeal is partly allowed enhancing the total

compensation by an additional sum of Rs. 61,400/- which will carry

interest at the same rate as awarded by the Tribunal from the date of the

Claim Petition till payment. The third respondent-insurance company

is directed to make payment of the amount within a period of three

months.

(C.N.RAMACHANDRAN NAIR)
Judge.

(C. K. ABDUL REHIM)
Judge.

kk

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