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.
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M.A.C.A. No. 76 OF 2003
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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.
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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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