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MANIKKAN, S/O. RAJAN, AGED 37 YEARS versus V. KANNAN, S/O. VELAYUDHAN

High Court of Kerala

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MANIKKAN, S/O. RAJAN, AGED 37 YEARS v. V. KANNAN, S/O. VELAYUDHAN - MACA No. 15 of 2003 [2006] RD-KL 1526 (6 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA No. 15 of 2003()

1. MANIKKAN, S/O. RAJAN, AGED 37 YEARS,
... Petitioner

Vs

1. V. KANNAN, S/O. VELAYUDHAN,
... Respondent

2. P.K. ASHOKAN, S/O. P.V. KANNAPPAN,

3. THE UNITED INDIA INSURANCE CO. LTD.,

For Petitioner :SRI.P.V.CHANDRA MOHAN

For Respondent : No Appearance

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice M.N.KRISHNAN

Dated :06/11/2006

O R D E R

J.B.KOSHY & M.N.KRISHNAN, JJ.

M.A.C.A.NO.15 OF 2003 Dated 6th November, 2006

JUDGMENT

Krishnan,J

. This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(M.V) No.1981/1994. The appellant who had sustained a crush injury on the right leg was awarded a compensation of Rs.62,500/= by the Claims Tribunal and it is against that decision the present appeal is filed. Learned counsel for the appellant strongly contends that the claimant was aged 37 years and was a labourer and his minimum income was Rs.1,500/= per month, whereas the Tribunal has only taken Rs.1,000/= as the income. Considering the age of the person, the date of accident, the peculiar circumstances and the wage structure, we are inclined to fix the monthly income at Rs.1,500/= and calculate the compensation. Towards loss of earning for six months the Tribunal has awarded Rs.6,000/= at the rate pf Rs.1,000/=. That has to be increased to Rs.9,000/=. For calculating the disability compensation when an income of Rs.1,500/= is taken and the compensation is worked out applying with a multiplier of 16 for a disability of 15% it will come to Rs.43,200/=. Thus, the claimant will be entitled to an M.A.C.A.15/2003 2 additional compensation of Rs.14,400/= on this head. On all other heads adequate compensation has been awarded. In the result, the appeal is partly allowed. The claimant is awarded an additional compensation of Rs.17,400/= with 7% interest on the said sum from the date of petition till realization and the third respondent Insurance Company is directed to deposit the same within a period of two months from the date of receipt of a copy of this judgment. J.B.KOSHY

JUDGE

M.N.KRISHNAN

JUDGE

tks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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