IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1507 of 2005()
1. VIJAYAKUMARI, 38 YEARS,
... Petitioner
2. PRAVEEN, 12 YEARS, MINOR
3. ANJU, 9 YEARS, MINOR,
Vs
1. ABOOBACKER, 51 YEARS, S/O. MUHAMMED,
... Respondent
2. SUNIL JOHN, S/O. JOHN,
3. UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.K.P.MUJEEB
For Respondent :SMT.SHOBA ANNAMMA EAPEN
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :16/12/2008
O R D E R
C .N. RAMACHANDRAN NAIR &
HARUN-UL-RASHID, JJ.
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M.A.C.A. No. 1507 OF 2005
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Dated this the 16th day of December, 2008
JUDGMENT
Ramachandran Nair,J.
Appeal is filed for enhancement of compensation for the death of
husband of the first appellant in a road accident, the remaining
appellants being minor children of the deceased. The main contention
raised is against fixation of low income for the deceased for the
computation of compensation for loss of dependency. MACT adopted
Rs. 1500/- as monthly income of the deceased because no proof was
available about the actual income. However, it is seen that the
deceased was a headload worker and Union certified his income as Rs.
6,000/- per month. Even though certificate is not believable as such,
we feel some enhancement is called for. Accordingly we refix the
monthly income of the deceased at Rs. 2,250/- and after deducting one-
third towards personal expenses, appellants will be entitled to
compensation for loss of dependency based on the net annual income
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of Rs. 18,000/- and by applying same multiplier, the appellants will be
entitled to additional compensation of Rs. 96,000/- which will carry
interest at 7.5 per cent per annum from the date of application till date
of payment.
Appeal stands allowed to the above extent.
(C.N.RAMACHANDRAN NAIR)
Judge.
(HARUN-UL-RASHID)
Judge.
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