IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 714 of 2004()
1. MINOR ELVIN VARGHESE, AGED 15 YEARS,
... Petitioner
Vs
1. T.C. SUKUMARAN, S/O. CHATHAPPAN,
... Respondent
2. THE UNITED INDIA INSURANCE COMPANY
For Petitioner :SRI.V.CHITAMBARESH
For Respondent :SRI.M.A.HAKIM SHAH
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :30/07/2008
O R D E R
C .N. RAMACHANDRAN NAIR &
V.K. MOHANAN, JJ.
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M.A.C.A. No. 714 OF 2004
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Dated this the 30th day of July, 2008
JUDGMENT
Ramachandran Nair,J.
Heard counsel for the appellant, and counsel appearing for the
second respondent. The prayer in the appeal is for enhancement of
compensation. Appellant was a minor at the time of accident, aged 11
years. Even though the doctor certified 15% disability, the Tribunal
declined to accept the same because the doctor was snot examined.
However, compensation of Rs. 20,000/- was allowed on account of
disability and disfigurement. Having regard to the injuries sustained
and the age of the appellant, we feel some enhancement is called for.
Even though claim of 15 per cent disability appears to be exaggerated,
we increase the total compensation to Rs. 50,000/- by granting addl.
compensation of Rs. 6350/-. We direct the insurance company to
deposit the additional compensation with interest at 7.5% from the date
of application till date of payment.
Appeal stands allowed to the above extent.
(C.N.RAMACHANDRAN NAIR)
Judge.
(V. K. MOHANAN)
Judge.
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