High Court Kerala High Court

P.M.Ummerkutty vs The United India Insurance Co.Ltd on 4 September, 2008

Kerala High Court
P.M.Ummerkutty vs The United India Insurance Co.Ltd on 4 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 546 of 2006()


1. P.M.UMMERKUTTY, S/O.MOOSAN,
                      ...  Petitioner

                        Vs



1. THE UNITED INDIA INSURANCE CO.LTD.,
                       ...       Respondent

                For Petitioner  :SRI.GRASHIOUS KURIAKOSE

                For Respondent  :SRI.N.S.MOHAMMED USMAN

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN

 Dated :04/09/2008

 O R D E R
         C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ.
                          -------------------------
                        M.A.C.A. No. 546 of 2006
                     ---------------------------------
            Dated, this the 4th day of September, 2008

                              J U D G M E N T

Ramachandran Nair, J.

Heard learned counsel for the appellant and learned standing

counsel for the Insurance Company.

2. The appeal is filed for enhancement of compensation for the

injury sustained by the appellant. Learned counsel pointed out that

the income fixed is low and multiplier is also incorrect because the

appellant was 35 years of age and the applicable multiplier is 17.

Besides this, the contention is that for loss of earning power no

compensation is granted. Having regard to the contentions raised, we

feel an increase is called for, more so because the injury would have

led to disemployment for sometime. In the circumstances and having

regard to the totality of the facts, we enhance the compensation from

Rs. 78,750/- to Rs.1,00,000/-. The insurance company is directed to

deposit the additional compensation with interest @ 7.5% from the

date of application till date of payment.

The appeal is allowed to the above extent.

(C.N.RAMACHANDRAN NAIR, JUDGE)

(V.K.MOHANAN, JUDGE)

jg