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JOHNSON, S/O KALLIYATHUPARAMBIL versus SMT. S.USHA(OWNER)W/O SREENIVASAN

High Court of Kerala

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JOHNSON, S/O KALLIYATHUPARAMBIL v. SMT. S.USHA(OWNER)W/O SREENIVASAN - MACA No. 802 of 2007 [2007] RD-KL 10447 (18 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA No. 802 of 2007()

1. JOHNSON, S/O KALLIYATHUPARAMBIL
... Petitioner

Vs

1. SMT. S.USHA(OWNER)W/O SREENIVASAN,
... Respondent

2. MUTHUKUMAR,(DIVER), S/O SANTHANAM,

3. THE MANAGER,

For Petitioner :SRI.BINOY RAM V.

For Respondent : No Appearance

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice K.P.BALACHANDRAN

Dated :18/06/2007

O R D E R

J.B.KOSHY & K.P.BALACHANDRAN, JJ.

M.A.C.A.No.802 of 2007 Dated 18th June, 2007

JUDGMENT

Koshy,J

. Appellant met with a motor accident on 18.3.2000 by which he sustained fracture of both bones of the right leg. He produced a certificate showing that there is 20% disability. That was accepted and compensation was calculated taking 15 as the multiplier. He was aged 42. Entire medical expenses were reimbursed and the total compensation awarded was Rs.1,88,111/=. He was working as a marble worker under PW3 and getting a monthly income of Rs.3,900/=. That was not accepted as no evidence was produced to show that PW3 has ability to pay such an amount. Ext.A6 salary certificate was not believed and Rs.2,000/= was taken as the monthly income. Considering the nature of injuries and the total amount awarded, no further enhancement is necessary. The appeal is dismissed. J.B.KOSHY

JUDGE

K.P.BALACHANDRAN

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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