Rekha Srirang Uthale vs Sayyed Kalandar on 27 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1165 of 2006()


1. REKHA SRIRANG UTHALE,AGED 33 YEARS,
                      ...  Petitioner
2. ROSHINI UTHALE,AGED 14 YEARS,
3. MAYUR UTHALE,AGED 12 YEARS,
4. NARAYANA BAPU UTHALE,AGED 70 YEARS,
5. DROPADA NARAYANA UTHALE, AGED 63 YEARS,

                        Vs


1. SAYYED KALANDAR
                       ...       Respondent

                For Petitioner  :SRI.M.RAMESH CHANDER

                For Respondent  :SRI.M.SASINDRAN

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

 Dated :27/01/2009

 O R D E R
                   C.N.RAMACHANDRAN NAIR &
                           C.K.ABDUL REHIM, JJ.
              ....................................................................
                         M.A.C.A. No.1165 of 2006
              ....................................................................
               Dated this the 27th day of January, 2009.

                                     JUDGMENT

Ramachandran Nair, J.

Appeal is filed for enhancement of compensation for the death of

husband of the first appellant, appellants 2 and 3 being minor children

and remaining appellants, old parents of the deceased. We have heard

counsel for the appellants and Standing Counsel for the Insurance

Company.

2. Even though claim was filed under Section 166 of the Motor

Vehicles Act and the MACT found negligence on offending vehicle, it

is wrongly stated in the award that the claim is one under Section

163A. The main grievance of the appellants is about fixation of

monthly income of the deceased at Rs.1,500/-. The deceased was 33

years of age at the time of accident and he was said to be a merchant

dealing in ornaments in Maharashtra. However, appellants did not

adduce any acceptable evidence except a certificate from the

Panchayat. Even though evidence is not convincing, we feel the

2

income adopted at Rs.1,500/- is very low. We refix his monthly

income at Rs.2,250/- which will leave a net income of Rs.1,500/- for

determination of compensation for loss of dependency to the

appellants. Applying the same multiplier, appellants will be entitled to

an additional compensation of Rs.1,02,000/- under this head. Besides

this, considering the age of the wife, minor children and the old parents

of the deceased, we grant additional compensation of Rs.25,000/-

towards loss of consortium, loss of love and affection and towards pain

and suffering. The additional compensation granted by us will carry

interest at 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

C.K.ABDUL REHIM
Judge
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