Ponnamma.P.N vs Ambukkan Kalathil Mohandas on 17 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 548 of 2006()


1. PONNAMMA.P.N, AGED 37 YEARS,
                      ...  Petitioner
2. SONIYA, AGED 15 YEARS, MINOR,
3. ARUN, AGED 9 YEARS,

                        Vs



1. AMBUKKAN KALATHIL MOHANDAS,
                       ...       Respondent

2. MANAGING DIRECTOR,

3. NATIONAL INSURANCE COMPANY LTD.,

                For Petitioner  :SMT.K.V.BHADRA KUMARI

                For Respondent  :SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :17/11/2008

 O R D E R
                   C.N.RAMACHANDRAN NAIR &
                          HARUN-UL-RASHID, JJ.
              ....................................................................
                          M.A.C.A. No.548 of 2006
              ....................................................................
             Dated this the 17th day of November, 2008.

                                     JUDGMENT

Ramachandran Nair, J.

The appeal is filed for enhancement of compensation for the

death of husband of the first appellant who is the father of remaining

appellants. We have heard counsel appearing for the appellants,

Standing Counsel appearing for the Insurance Company and Standing

Counsel for KSRTC.

2. The accident happened when husband of the first appellant as

driver of the lorry was changing the tyre of the truck at 8.30 in the

night. A KSRTC bus hit the deceased along with another person

standing by the side of the truck. The driver of the truck whose wife

is the first appellant, died on account of injury sustained in the

accident. The MACT found the KSRTC driver liable for the accident.

Consequently the insurer of the bus is called upon to pay the

compensation.

3. The main ground raised in the appeal is against fixation of low

2

income for the deceased for granting compensation for loss of

dependency. We find force in the contention of the appellants that the

gross income taken at Rs.1,500/- is quite low. We feel a heavy vehicle

driver will be able to earn Rs.3,000/- per month. Accordingly we refix

the income of the deceased at Rs.3,000/-. After deducting one third

towards personal expenses and by applying the same multiplier,

appellants will be entitled to compensation for loss of dependency at

Rs.3,84,000/- as against Rs.1,92,000/- granted by the MACT. Besides

this, considering the age of the appellants, we enhance compensation

for loss of consortium to the first appellant by another Rs.10,000/- and

for loss of love and affection to the remaining appellants by

Rs.10,000/-. The additional compensation of Rs.2,12,000/- granted by

us will carry interest at the rate of 7.5% p.a. from date of application till

date of payment. The appeal stands allowed to the above extent.

C.N.RAMACHANDRAN NAIR
Judge

HARUN-UL-RASHID
Judge
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