IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 490 of 2001(B)
1. SURENDRAN
... Petitioner
Vs
1. V.C.KURIAKOSE
... Respondent
For Petitioner :SRI.P.V.CHANDRA MOHAN
For Respondent :SRI.PMM.NAJEEB KHAN
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.F.A.No.490 OF 2001
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Dated this the 11th day of October, 2007
JUDGMENT
Radhakrishnan, J
This appeal is filed by the appellant for enhancement in the
compensation amount awarded by the Tribunal. The appellant
herein was rider of the motor cycle involved in the accident.
Tribunal found that there was contributory negligence on the
part of the petitioner to the extent of 40%. Tribunal fixed
Rs.70,000/- as total compensation but as there was 40%
contributory negligence on the part of the other riders, the
aforesaid sum was reduced by one half. Thus, petitioner is
entitled to Rs.35,000/- as compensation with 12% interest from
the date of the petition till payment. Counsel appearing for the
claimant submitted that the compensation amount awarded is on
the lower side. Ext.B7 indicate that the permanent disability is
15%.
2. Taking into consideration of the entire facts and
circumstances of he case, we are inclined to modify the award
M.F.A.No.490 OF 2001
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under the following heads: for pain and suffering : an
additional amount of Rs.3,000/- ; for loss of earnings for three
months : an additional amount of Rs.4,500/-. In the absence of
convincing evidence regarding the exact percentage of disability,
Tribunal fixed a sum of Rs.25,000/- for that head. We are
inclined to grant an additional amount of Rs.10,000 on that head.
Therefore, claimant is entitled to get an additional amount of
Rs.17,500/- with interest at the rate of 7.5% interest from the
date of the petition till payment without any deduction.
This M.F.A. is disposed of as above.
K.S.RADHAKRISHNAN, JUDGE
A.K.BASHEER, JUDGE
jes