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Rajamma

High Court Of Kerala|25 November, 2014
|

JUDGMENT / ORDER

Ramachandran Nair, J.
The applicant in O.P.(MV)No.413/2006 on the file of the Motor Accidents Claims Tribunal, Mavelikkara is the appellant. She is aggrieved by the quantum of compensation awarded by the Tribunal.
2. We heard the learned counsel on both sides. The appellant is a coir worker and she claimed `4,000/- as monthly wages.
3. We find from the judgment that Ext.A12 is the passbook issued by the Coir Workers Welfare Board. She was aged 48 at the time of the accident. She had sustained fracture of L2 body. Even though 8% is the disability reflected in Ext.A13, the Tribunal has taken it only as 6%. The learned counsel for the second respondent submits that the compensation awarded is fair. But we find that being a coir worker, the monthly income claimed at ` 4,000/- is reasonable and the same could have been adopted.
4. The learned counsel for the appellant submitted that the amount awarded towards pain and suffering and the disability income is also not properly assessed, whereas the learned counsel for the second respondent submitted that sufficient amounts have been granted.
5. The Tribunal has awarded compensation in the following manner :
6. The appellant is entitled for enhancement of disability income, towards pain and suffering, partial loss of earnings and medical and allied expenses. After considering various aspects, we re-
fix the compensation as shown below :
The same amount will carry interest @ 9% per annum from the date of petition. There will be a direction to the second respondent to deposit the amount less the amount already deposited within three months from the date of receipt of a copy of this judgment.
The appeal is accordingly disposed of.
T.R.RAMACHANDRAN NAIR, JUDGE sv. P.V.ASHA, JUDGE
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Title

Rajamma

Court

High Court Of Kerala

JudgmentDate
25 November, 2014
Judges
  • T R Ramachandran Nair
  • P V Asha
Advocates
  • A R Dileep Sri Manu
  • Sebastian