IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1784 of 2005()
1. AMINA, AGED 33 YEARS,
... Petitioner
2. THITHIUNNA, AGED 59 YEARS,
Vs
1. PAYYAMPATTA SUDHEER KUMAR,
... Respondent
2. KRISHNAN, S/O. KANDUNGI,
3. UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.K.SHIBILI NAHA
For Respondent :SRI.K.V.GOPINATHAN NAIR
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :29/07/2009
O R D E R
C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ.
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M.A.C.A. No.1784 of 2005
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Dated this the 29th day of July, 2009
J U D G M E N T
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Abdul Rehim,J.
Wife and mother of a person who died in a motor vehicle
accident, who were claimants before the Tribunal, are in appeal
seeking enhancement of the compensation awarded. The
deceased was a concrete worker at the age of 34 years at the
time of accident. First appellant when examined as PW1 had
deposed that the deceased was getting wages at the rate of
Rs.160/- per day. But the Tribunal adopted notional income at
Rs.2000/- per month and after deducting 1/3rd for personal
expenses the annual income for the purpose of computation is
taken as Rs.16,000/-. According to the appellants the income
fixed by the Tribunal is highly unrealistic and too inadequate.
2. Considering the fact there is evidence to the effect
that the deceased was a concrete worker, we are of the opinion
that the income adopted by the Tribunal is on the lower side. We
fix the gross monthly income of the deceased at Rs.2500/-, on a
moderate estimate. After deducting 1/3rd for personal expenses
the compensation for loss of dependency need be re-worked to
MACA. 1784/05-G
2
Rs.3,40,000/- (2500 x 12 x 17 x 2/3). This will entitle the
appellants for an additional sum of Rs.1,35,667/-. We also feel
that the interest granted by the Tribunal at the rate of 6% need
be increased to 7.5%.
In the result, the appeal is partly allowed enhancing the
total compensation of Rs.2,04,333/- awarded by the Tribunal by a
further sum of Rs.1,35,667/-. The original amount of
compensation as well as enhancement granted in this appeal will
carry interest @ 7.5% per annum from the date of claim petition
till payment. The 3rd respondent/Insurance company is directed
to make payment of the amount within a period of 3 (three)
months.
C.N.RAMACHANDRAN NAIR, JUDGE.
C.K.ABDUL REHIM, JUDGE.
okb