IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA No. 1876 of 2007()
1. NATIONAL INSURANCE COMPANY LIMITED,
... Petitioner
Vs
1. DR.P.G.UNNIKRISHNAN,
... Respondent
For Petitioner :SRI.MATHEWS JACOB (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice K.S.RADHAKRISHNAN
The Hon'ble MR. Justice A.K.BASHEER
Dated :11/10/2007
O R D E R
K.S.RADHAKRISHNAN & A.K.BASHEER, JJ.
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M.A.C.A.No.1876 OF 2007
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Dated this the 11th day of October, 2007
JUDGMENT
Radhakrishnan, J
This appeal is filed by the Insurance company challenging the
quantum of compensation fixed. The accident had occurred on
13.9.01 while the claimant was travelling in an autorikshaw bearing
No.KL-10/M-2472 which overturned and as a result of which he
sustained injuries. Doctor has certified permanent disability of 35%
with regard to the functioning of his left upper limb. The discomfort
experienced by him cannot be ignored. Tribunal awarded
Rs.1,00,000/- as compensation for physical disability and discomfort
suffered by him and for loss of amenities. Learned counsel
appearing for insurance company submitted that the compensation
amount awarded and the rate of interest is excessive. In such
circumstances, this appeal is disposed of upholding the award of the
Tribunal, but reducing the rate of interest to 7.5% instead of 9%. In
all other respects, the award will stand.
K.S.RADHAKRISHNAN, JUDGE
A.K.BASHEER, JUDGE
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