Manoj vs Muraleedharan Nair on 2 April, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 102 of 2006()


1. MANOJ, S/O.RAJU ASARI,
                      ...  Petitioner

                        Vs



1. MURALEEDHARAN NAIR,
                       ...       Respondent

2. THE DIVISIONAL MANAGER,

                For Petitioner  :SRI.B.S.SWATHY KUMAR

                For Respondent  :SRI.M.BALAGOVINDAN

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :02/04/2009

 O R D E R
                   C .N. RAMACHANDRAN NAIR &
                      K. SURENDRA MOHAN, JJ.
                  --------------------------------------------
                      M.A.C.A. No. 102 OF 2006
                  --------------------------------------------
                  Dated this the 2nd day of April, 2009

                               JUDGMENT

Ramachandran Nair,J.

Heard counsel for the appellant and standing counsel appearing

for the insurance company. The main grievance of the appellant is

against reduction of percentage of disability from 12% claimed by him

to 2% by the Tribunal. Standing counsel for the insurance company

submitted that appellant has sustained injury only to the thumb and the

thumb is still functioning. Even though there is no amputation of full

or part of the thumb, we feel the fracture would have caused permanent

disability to a degree which will affect the appellant’s efficiency as a

carpenter. We therefore enhance the compensation for disability from

Rs. 6150/- to Rs. 15,000/-. Additional compensation granted by us will

carry the same rate of interest granted by the Tribunal from the date of

application till date of deposit.

Appeal is allowed as above.

(C.N.RAMACHANDRAN NAIR)
Judge.

(K. SURENDRA MOHAN)
Judge.

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