IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 113 of 2004()
1. MOHAMMED KUNHI,S/O ABDUL KHADER,
... Petitioner
Vs
1. K.SHYAM SUNDER,S/O RAMAPPA,
... Respondent
2. P.GANGADHARAN,S/O P.KUNHIRAMAN,
3. THE UNITED INDIA INSURANCE CO.LIMITED,
For Petitioner :SRI.T.SETHUMADHAVAN
For Respondent :SRI.S.MAMMU
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :06/08/2008
O R D E R
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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M.A.C.A.NO.113 OF 2004 (D)
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Dated this the 6th day of August, 2008
J U D G M E N T
KOSHY,J.
Appellant/claimant sustained very serious injuries in a
motor accident on 2.11.1998. He was aged 42 at the time of
accident. He claimed a compensation of Rs.3.5 lakhs.
Tribunal awarded only Rs.85,285/- as compensation and
directed the 3rd respondent Insurance company to pay the
same. Only dispute is regarding the quantum of
compensation.
2. For assessing the disability, claimant was referred to
the Medical Board. Medical Board assessed 10% disability.
That was accepted by the tribunal and compensation was
calculated for 10% disability. According to the claimants, he
was getting Rs.3,000/- per month. He was a foot wear
merchant. Tribunal has taken only Rs.1,500/- as the monthly
MACA.113/2004 2
income. He was maintaining a family and accident occurred
at the age of 42. We are of the view that atleast Rs.100/- can
be taken as the daily income and for 25 days work, he will get
Rs.2,500/- as the monthly income. He was aged 42 and taking
guidelines from the 2nd Schedule, 15 was taken as the
multiplier. If that be so, compensation payable for
10% disability will be Rs.2,500 x 12 x /100 x 15 = Rs.45,000/-.
10
Tribunal has granted only Rs.23,400/- towards permanent
disability. Therefore, additional amount payable for
permanent disability and loss of earning power will be
Rs.21,600/-. Tribunal found that he was under treatment for
four months and tribunal has awarded Rs.6,000/- towards loss
of earnings for four months. Since we have increased the
monthly income to Rs.2,500/-, he is entitled to Rs.4,000/- more
under that ground. We are of the opinion that just and
reasonable compensation was granted under other heads. The
above additional amount of Rs.25,600/- should be deposited by
the 3rd respondent insurance company with 7.5% interest from
the date of application till its deposit over and above the
decreed amount by the tribunal. On deposit of the above
amount, appellant is allowed to withdraw the same. Appeal is
MACA.113/2004 3
accordingly partly allowed.
J.B.KOSHY, JUDGE
K.P.BALACHANDRAN, JUDGE
prp
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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M.F.A.NO. OF 2006 ()
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J U D G M E N T
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4th August, 2008