IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 126 of 2005()
1. PRADEEPAM. T.V., S/O. P.V. DAMODARAN
... Petitioner
Vs
1. I.P. ANANDAN, S/O. NARAYANAN, THETTIYAD,
... Respondent
2. M. ROHINI, W/O. T.K. BALAN,
3. UNITE INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.M.RAMESH CHANDER
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :25/09/2008
O R D E R
C .N. RAMACHANDRAN NAIR &
HARUN-UL-RASHID, JJ.
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M.A.C.A. No. 126 OF 2005
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Dated this the 25th day of September, 2008
JUDGMENT
Ramachandran Nair,J.
Even though appeal remains defective on account of failure to
serve notice on respondent in the delay condonation petition, on going
through the grounds stated in the affidavit in support of the petition, we
are satisfied that appellant has made out sufficient and reasonable
ground to condone the delay. Accordingly delay is condoned. We
don’t think there is any need to issue fresh notice because insurer is
held liable to pay compensation and they have not filed appeal against
the award. Therefore it is only a matter of considering increase of
compensation that too marginally. Therefore we proceed to dispose of
the appeal without issuing fresh notice.
2. On going through the award and after hearing counsel for the
appellant, we feel some modification is called for because even though
appellant has not sustained any serious disability, he had to undergo
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treatment for the leg injury in the hospital as an inpatient for 20 days.
His income fixed is only at Rs. 1200/- per month for the purpose of
award of compenstion under loss of earning power. Considering the
grounds raised we feel a lumpsum additional compensation will serve
the ends of justice. We accordingly increase the total compensation
from Rs. 36,200/- to Rs. 50,000/- with direction to the insurance
company to deposit additional compensation amount with interest at
7.5 per cent per annum from the date of application till date of deposit.
Appeal is disposed of as above.
(C.N.RAMACHANDRAN NAIR)
Judge.
(HARUN-UL-RASHID)
Judge.
kk
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