IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 617 of 2006()
1. ANIAMMA THOMAS, AGED 40 YEARS,
... Petitioner
2. AKHIL. K. THOMAS, AGED 17 YEARS,
3. ANJITH K. THOMAS, AGED 15 YEARS,
4. ABHITHA. K. THOMAS, AGED 13 YEARS,
5. MARIYAMMA JOSEPH, AGED 85 YEARS,
Vs
1. MUHAMMED RAFEEQUE, AGED 33 YEARS,
... Respondent
2. B.A. ABDULLA, (AGE NOT KNOWN)
3. BRANCH MANAGER, UNITED INDIA
For Petitioner :SRI.ISSAC M.PERUMPILLIL
For Respondent :SRI.P.R.RAMACHANDRA MENON
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :02/12/2008
O R D E R
C .N. RAMACHANDRAN NAIR &
HARUN-UL-RASHID, JJ.
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M.A.C.A. No. 617 OF 2006
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Dated this the 2nd day of December, 2008
JUDGMENT
Ramachandran Nair,J.
Appeal is filed for enhancement of compensation for the death of
husband of the first appellant, who is the father of appellants 2 to 4 and
son of 5th appellant. The deceased while driving a jeep was involved
in an accident caused by a tipper lorry. He sustained injuries which led
to his death on the way to Hospital. The tipper lorry and the insurer are
found liable to compensate the appellants for the loss of dependency on
account of death of the deceased.
2. Appellants’ main case is that income fixed is very low because
deceased was a A class contractor earning average annual income of
Rs. 2 lakhs. He has referred to the income tax returns furnished before
the MACT. Standing counsel appearing for the insurance company
submitted that evidence produced did not disclose details of payment of
income-tax and therefore it is not known whether the income disclosed
in the documents submitted was the net income or gross income. The
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deceased was a Government Contractor and was a transport contractor
for Gwalior Rayons which stands closed. Even though income from
contract is fluctuating and business may even lead to loss, we notice
that deceased had in the course of time acquired lot of wealth which
included earth moving equipments, trucks, etc., used in the contract
work. We therefore feel income fixed by the MACT for granting
compensation for loss of dependency is low. We increase the gross
income of the deceased to Rs. 75,000/- per year and after deducting one
third towards personal expenses, Rs. 50,000/- can be safely taken for
granting compensation for loss of dependency. This will entitle the
appellants for additional compensation of Rs. 1,60,000/- which will
carry interest at the rate of 7.5 per cent per annum from the date of
application till date of deposit.
Appeal stands allowed to the above extent.
(C.N.RAMACHANDRAN NAIR)
Judge.
(HARUN-UL-RASHID)
Judge.
kk
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