IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1188 of 2006(G)
1. T.K.UMMER, S/O.SAIDALAVI,
... Petitioner
Vs
1. P.R.PALPU, S/O.RAMAN, C/O.HARIKRISHNA
... Respondent
2. P.K.ANTO, S/O.KURIYAPPAN,
3. THE NATIONAL INSURANCE COMPANY LTD.,
For Petitioner :DR.K.B.MUHAMED KUTTY (SR.)
For Respondent :SRI.P.JAYASANKAR
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :27/01/2009
O R D E R
C.N.RAMACHANDRAN NAIR &
C.K.ABDUL REHIM, JJ.
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M.A.C.A. No.1188 of 2006
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Dated this the 27th day of January, 2009.
JUDGMENT
Ramachandran Nair, J.
Appeal is filed for enhancement of compensation for the injury
sustained by the appellant in a road accident. Even though injury is
only on the right leg, it is rather serious in nature and the Medical
Board has certified permanent disability at 25%. Appellant’s
educational qualification was only SSLC and he claims to be a
salesman in a shop. Even though he claimed income of Rs.2,000/- per
month, MACT reduced it to Rs.1,750/-. We do not find any scope for
reducing the income claimed by the appellant because he has not made
any exorbitant or fanciful claims. Accepting his income at Rs.2,000/-
per month, appellant will be entitled to compensation for disability at
Rs.1,02,000/- as against Rs.89,250/- granted by the MACT.
Considering the long treatment, pain and suffering and the loss of
enjoyment in life, we enhance compensation under these heads by a
further sum of Rs.10,000/-. The additional compensation of
2
Rs.22,750/- granted by us will carry interest at 7.5% p.a. from date of
application till date of payment. Appeal stands allowed to the above
extent.
C.N.RAMACHANDRAN NAIR
Judge
C.K.ABDUL REHIM
Judge
pms