IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1232 of 2004(D)
1. JANAKI, W/O.LATE NARAYANAN.
... Petitioner
2. KALPANA, D/O.LATE NARAYANAN.
3. MURALIDHARAN, S/O.LATE NARAYANAN.
4. RAMADAS, S/O.LATE NARAYANAN, ALL ARE
Vs
1. PRAKASH, S/O.AONTONY R/A.
... Respondent
2. PRASAD, S/O.HARISHANKAR PATTIL R.A.
3. THE NEW INDIA ASSURANCE COMPANY LIMITED,
For Petitioner :SRI.V.CHITAMBARESH
For Respondent :SRI.S.NIRMAL KUMAR
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :20/01/2009
O R D E R
C .N. RAMACHANDRAN NAIR &
C. K. ABDUL REHIM, JJ.
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M.A.C.A. No. 1232 OF 2004
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Dated this the 20th day of January, 2009
JUDGMENT
Ramachandran Nair,J.
We have heard counsel appearing for the appellants and standing
counsel appearing for the insurance company. Appeal is filed for
enhancement of compensation for the death of the youngest son of the
first appellant who is widowed lady. Counsel for the appellants
submitted that the deceased was working as an agent in toddy business
and therefore his income estimated at Rs. 1500/- per month is very low.
We find force in this contention because even as a casual worker, the
deceased would have been able to earn gross monthly income of Rs.
2,250/- and after deducting one third towards his personal expenses, we
refix the net monthly income at Rs.1500/- which will entitle the
appellants for compensation for loss of dependency at Rs. 2,34,000/- as
against Rs. 1,56,000/- granted by the MACT. Since interest granted by
the MACT at 6 per cent per annum is very low, we increase the
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interest to 7.5 per cent per annum. Additional compensation of
Rs.78,000/- granted by us and the compensation originally granted will
carry interest at 7.5 per cent per annum from the date of application till
date of payment.
Appeal stands allowed to the above extent.
(C.N.RAMACHANDRAN NAIR)
Judge.
(C.K. ABDUL REHIM)
Judge.
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