IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 751 of 2005()
1. T.V.UDESH, S/O.LATE T.KUNHIRAMAN,
... Petitioner
Vs
1. P.AYYAPPAN, S/O.PERUMAL,
... Respondent
2. K.S.THIRUMOORTHY,
3. ORIENTAL INSURANCE CO.LTD.,
For Petitioner :SRI.K.SHIBILI NAHA
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :22/09/2008
O R D E R
C.N.RAMACHANDRAN NAIR &
HARUN-UL-RASHID, JJ.
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M.A.C.A. No.751 of 2005
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Dated this the 22nd day of September, 2008.
JUDGMENT
Ramachandran Nair, J.
The appeal remains defective for not taking steps for serving notice
on respondents. Since the matter is pending for the last three years, we
directed counsel for the appellant to serve notice on counsel for the
Insurance Company. However, no one has appeared for the Insurance
Company. We do not think there is any need to protract this matter by
issuing notice to the Insurance Company because only a marginal increase
is called for in the compensation, irrespective of whether there is objection
from Insurance Company or not.
2. We notice that the injury sustained by the appellant is the fracture
of right patella which resulted in it’s removal. Disability certified at 10% is
accepted by the MACT and compensation is seen granted for disability.
However, we find a patent mistake in the award of compensation under this
head because one third towards personal expenses is deducted, which does
2
not apply to a case of injury. Consequently compensation for disability is
enhanced from Rs.8,000/- to rupees twenty four thousand (Rs.24,000/-).
No other modification is required. The Insurance Company is directed to
deposit the additional compensation with interest at 7.5% p.a. from the date
of application till date of deposit. Appeal stands allowed to the above
extent.
C.N.RAMACHANDRAN NAIR
Judge
HARUN-UL-RASHID
Judge
pms