IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 581 of 2005()
1. MURUGAN S/O. VENKITACHALAM,
... Petitioner
Vs
1. A.RAJA S/O. ANANDAN CHETTIAR,
... Respondent
2. N.KUPPUSWAMY, S/O. NANJEPPA,
3. UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.P.V.CHANDRA MOHAN
For Respondent :SRI.M.S.PATTALI
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :01/09/2008
O R D E R
C.N.RAMACHANDRAN NAIR &
V.K.MOHANAN, JJ.
....................................................................
M.A.C.A. No.581 of 2005
....................................................................
Dated this the 1st day of September, 2008.
JUDGMENT
Ramachandran Nair, J.
Heard counsel for the appellant and Standing Counsel appearing for
the Insurance Company. The appeal is filed for enhancement of
compensation awarded for the injury sustained by the appellant who was
engaged as a jewellery worker. The appellant was only 24 years of age
when the accident occurred. It is seen from the disability certificate and the
treatment records that the appellant sustained major injuries leading to brain
damage. Disability certified is not only physical, but mental. In any case
since MACT reckoned 30% disability for award of compensation, we do not
think any variation is called for in this regard. However, income fixed for
calculating compensation for continuing permanent disability for future
requires modification. We, therefore, refix the appellant’s income at
Rs.3,000/- per month and award compensation for permanent disability at
Rs.1,83,600/- as against Rs.1,22,400/- granted by MACT. The Insurance
2
Company is directed to deposit the additional compensation with interest at
7.5% p.a. from date of application till date of deposit. The appeal stands
allowed to the above extent.
C.N.RAMACHANDRAN NAIR
Judge
V.K.MOHANAN
Judge
pms