High Court Kerala High Court

Shyla vs Molly Louis on 14 January, 2009

Kerala High Court
Shyla vs Molly Louis on 14 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 2595 of 2008()


1. SHYLA W/O.LATE ASOKAN RESIDING AT
                      ...  Petitioner
2. APPU, S/O.LATE ASOKAN RESIDING AT
3. ANISHA D/O.LATE ASOKAN RESIDING AT
4. AMMINI W/O,KUTTAPPAN RESIDING AT

                        Vs



1. MOLLY LOUIS, NEDUMBARA HOUSE
                       ...       Respondent

2. LOUIS ., S/O.JOSEPH

3. THE BRANCH MANAGER

                For Petitioner  :SMT.ANEY PAUL

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :14/01/2009

 O R D E R
                    C.N.RAMACHANDRAN NAIR &
                            C.K.ABDUL REHIM, JJ.
               ....................................................................
                          M.A.C.A. No.2595 of 2008
               ....................................................................
                Dated this the 14th day of January, 2009.

                                      JUDGMENT

Ramachandran Nair, J.

The appeal is filed for enhancement of compensation. The

appellants are the wife and minor children of a Police-driver who died

in an accident involving the Police jeep driven by him and a Maruti car.

As a result of the impact of the accident, both vehicles overturned and

the husband of the appellant and passenger of the jeep who was a Head

Constable, sustained injuries. The appellant’s husband died in the

Hospital on account of injuries within a week from date of accident.

The case of the appellants is that compensation awarded namely

Rs.7,87,650/- is very low.

2. We have gone through the award and we do not think there is

any scope for interference because in the first place, the award itself is

fairly good amount. Secondly, MACT has not reckoned the benefits

such as family pension that the first appellant is entitled to on account

of death of her husband in service. Besides this, compassionate

2

employment and other incentives are also available to the family

members of a Policeman dying in service. Above all, we find that the

compensation granted is quite reasonable. We, therefore, dismiss the

appeal.

C.N.RAMACHANDRAN NAIR
Judge

C.K.ABDUL REHIM
Judge
pms