IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1307 of 2004()
1. POTTAMMAL MARIYUMMA
... Petitioner
Vs
1. T.RAVEENDRANATHAN NAIR,
... Respondent
2. K.M.SAFFIYA W/O. P.ABDUL SAMAD,
3. THE UNITED INDIA INSURANCE COMPANY LTD.
For Petitioner :SRI.K.M.SATHYANATHA MENON
For Respondent :SRI.P.SANKARANKUTTY NAIR
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :12/11/2008
O R D E R
C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ.
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M.A.C.A No.1307 of 2004
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Dated this the 12th day of November , 2008
JUDGMENT
Ramachandran Nair .J,
This appeal is filed for enhancement of compensation for the injuries
sustained by the appellant in a road accident. We have heard counsel
appearing for the appellant and standing counsel appearing for the Insurance
Company. The appellant was 40 years old at the time of the accident. Even
though the appellant did not produce any disability certificate before the
M.A.C.T, the counsel submitted that the appellant is unable to work on
account of the fracture of shaft of left femur, swelling and deformity of right
thigh and other injuries sustained by him. The appellant has a case that all
the medical bills are not reimbursed. It is seen that the M.A.C.T. has reduced
around Rs.5,000/- from the medical bill amount on account of defects.
Considering the nature of the injuries sustained by the appellant we feel slight
enhancement is called for at least for temporary loss of earning capacity and
loss of enjoyment in life etc. Therefore we enhance the total compensation to
Rs. 50,000/-. We make it clear that the Insurance Company must pay interest
at the rate of 7 = % per annum on the entire compensation from the date of
application till the date of payment.
This appeal is allowed to the above extent.
(C.N.RAMACHANDRAN NAIR,JUDGE)
(HARUN-UL-RASHID, JUDGE)
es
C.N.RAMACHANDRAN NAIR
&
HARUN-UL-RASHID, JJ.
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M.A.C.A. No. 1307 of 2004
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JUDGMENT
12th November, 2008