IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1052 of 2007()
1. SULOCHANA, W/O. GOPALAN,
... Petitioner
2. LEELA, W/O. KRISHNAN,
3. VANAJA, W/O. PRADEEPKUMAR,
4. RAJI, W/O. (LATE) PADMANABHAN,
5. GANESHAN, S/O. (LATE) PADMANABHAN,
6. SARASWATHI, D/O. (LATE) PADMANABHAN,
Vs
1. BABU U., S/O. PADMANABHAN,
... Respondent
2. NATIONAL INSURANCE COMPANY LIMITED,
For Petitioner :SRI.AVM.SALAHUDIN
For Respondent :SMT.SARAH SALVY
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :27/08/2009
O R D E R
K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ.
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M.A.C.A. NO: 1052 OF 2007
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Dated this the 27th Day of August, 2009.
JUDGMENT
K. M. Joseph J.
The appellants are the son and daughters of the deceased. The
appeal is filed against the inadequacy of quantum.
2. We heard the learned counsel for the appellants and the
learned counsel for the second respondent, Insurance Company.
3. The Tribunal has awarded Rs.60,000/-, break-up of which
is as shown below:-
Loss of dependency : 50,000/-
Funeral expenses : 2,000/-
Transportation charges : 1,000/-
Medical treatment : 2,000/-
Pain and suffering : 5,000/-
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60,000/-
= = = = = =
4. The learned counsel for the appellants contented that no
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amount was awarded towards loss of love and affection. Still
further he pointed out that the amount of dependency awarded is on
the lower side. The Tribunal has taken only Rs.1,250/- as notional
income. After deducting 1/3rd and applying a multiplier of 5, the
Tribunal has awarded an amount of Rs.50,000/- as loss of
dependency.
5. The learned counsel for the appellant is justified in
contending that the Tribunal ought to have awarded compensation
towards loss of love and affection. It is pointed out that one of the
daughters of the deceased is not married. On considering these
facts, we feel that the appellants can be awarded Rs.10,000/-
towards loss of love and affection. The Tribunal has taken
Rs.1,250/- as income. The accident took place in the year 2002.
We are inclined to fix the income of the deceased as Rs.1,500/- per
month. O the basis of same multiplier and after deducting 1/3rd, we
find the appellant is entitled to for Rs.10,000/- more. Thus the
appellants is entitled to an amount of Rs.20,000/- more.
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Accordingly this appeal is allowed and the appellants are
allowed to realise an amount of Rs.20,000/- more along with
interest at 7.5% from the date of petition till the date of realisation,
from the second respondent.
K. M. JOSEPH, JUDGE
M. L. JOSEPH FRANCIS, JUDGE
dl/