Deepa Paul vs K.A.Sebastian on 18 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1899 of 2006()


1. DEEPA PAUL, D/O.LATE PAUL,
                      ...  Petitioner
2. SHIBU PAUL, S/O.LATE PAUL,
3. BINDU PAUL, D/O.LATE PAUL,

                        Vs



1. K.A.SEBASTIAN,
                       ...       Respondent

2. JOSEPH SANDHYAVU,

3. MANAGER, ORIENTAL INSURANCE CO. LTD.,

                For Petitioner  :SRI.P.V.BABY

                For Respondent  :SRI.VPK.PANICKER

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :18/09/2008

 O R D E R
                   C .N. RAMACHANDRAN NAIR &
                        HARUN-UL-RASHID, JJ.
                   --------------------------------------------
                       M.A.C.A. No. 1899 OF 2006
                   --------------------------------------------
              Dated this the 18th day of September, 2008

                                 JUDGMENT

Ramachandran Nair,J.

Appeal is filed for enhancement of compensation for the death of

mother of the appellants in an accident. We have heard counsel

appearing for the appellants and standing counsel appearing for the

insurance company. The deceased was 57 years of age and was stated

to be a daily wage earner at the time of the accident and death. Even

though appellants are grown up children of the deceased above 25

years of age, first appellant is stated to be a handicapped person though

the nature and extent of handcap are not on record. Counsel for the

appellants contended that income fixed for award of compensation for

loss of dependency is too low. However, standing counsel for the

insurance company submitted that income fixed at Rs. 1500/- per

month for a 57 year old lady is quite reasonable. We are in agreement

with this contention because there is no evidence to show that the

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deceased was earning any better income than the reasonable amount

fixed by the MACT. Besides this, appellants cannot be said to be

dependants of their mother because all are grown up people above the

age of 25 and dependency can be claimed only for the person

handicapped and is unable to work or earn livelihood. Therefore it will

be open to the first appellant to claim compensation under this head to

the exclusion of others by making application before the MACT.

With the above observation, Appeal is dismissed.

(C.N.RAMACHANDRAN NAIR)
Judge.

(HARUN-UL-RASHID)
Judge.

kk

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