IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1487 of 2004()
1. LIJU U.S. S/O.SIMON, VALAYIL HOUSE,
... Petitioner
Vs
1. SAJI. S/O.KESAVAN CHALIKKARA HOUSE,
... Respondent
2. K.I.VARGTHESE, S/O.ISSAC,
3. THE ORIENTAL INSURANCE COMPANY LTD.,
For Petitioner :SRI.S.ANANTHAKRISHNAN
For Respondent :SRI.M.P.ABRAHAM (SR.)
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :09/07/2008
O R D E R
C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ.
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M.A.C.A. No.1487 of 2004
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Dated, this the 9th day of July, 2008
J U D G M E N T
Ramachandran Nair, J.
Heard learned counsel for the appellant and learned standing
counsel Shri.Muricken appearing for the Insurance Company.
2. It is seen that the appellant claimant was a rider of a
bike. Eventhough, MACT awarded compensation for Rs.61,661/- to
the appellant, the liability of Insurance Company was fixed at only
Rs.15,415/- because the Tribunal found that there is 70% of
contributory negligence on the part of the appellant. However, in
the connected case filed, i.e. MACA No.1464/2004, this Court fixed
the contributory negligence at 50%. Consequently, following the
said judgment, we order the Insurance Company to pay 50% of the
award amount as modified by us hereunder to the appellant.
Learned counsel argued that there is no justification to reduce the
permanent disability from 6% certified by the Doctor to 4% by the
Tribunal. Eventhough learned standing counsel for the Insurance
Company pointed out that appellant was fully recouped and
restored to normal stage, we find that both bones of one leg of the
appellant were fractured and he was in the hospital for nearly a
MACA No.1487/2004
-2-
month. Appellant’s case that he was employed as a mechanic and
was earning Rs.2,000/- was accepted by the MACT. We feel, the
appellant is entitled to claim of loss of earning power on account of
permanent disability at 6% in terms of the claim. Consequently, we
order compensation under this head by taking into account the
disability at 6%. Appellant will be entitled to get Rs.25,920/- under
this head as against Rs.17,280/- granted by the MACT. Similarly,
having regard to the hospitalisation and consequent ayurvedic
treatment and the nature of the claim, the appellant is entitled to
compensation for loss of income for six months as against four
months granted by the MACT. The compensation under this head is
consequently increased from Rs.8,000/- to Rs.12,000/-. The same
will carry interest @ 7.5% from the date of application till date of
payment. The Insurance Company will deposit 50% of the
additional compensation awarded by us as above without any delay.
(C.N.RAMACHANDRAN NAIR, JUDGE)
(V.K.MOHANAN, JUDGE)
jg