Mary Mathew vs Thankamma George on 20 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 2086 of 2005()


1. MARY MATHEW, W/O.LATE C.K.MATHEW,
                      ...  Petitioner
2. DAISY ANNA MATHEW, D/O.LATE C.K.MATHEW,
3. DANIYA SUSAN MATHEW,

                        Vs



1. THANKAMMA GEORGE,
                       ...       Respondent

2. UNITED INDIA INSURANCE CO LTD.,

                For Petitioner  :SMT.KOCHUMOL KODUVATH

                For Respondent  :SRI.P.SANKARANKUTTY NAIR

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

 Dated :20/11/2008

 O R D E R
                  C .N. RAMACHANDRAN NAIR &
                       HARUN-UL-RASHID, JJ.
                  --------------------------------------------
                      M.A.C.A. No. 2086 OF 2005
                  --------------------------------------------
              Dated this the 18th day of November, 2008

                                JUDGMENT

Ramachandran Nair,J.

Appeal is filed for enhancement of compensation for the death of

husband of the first appellant in a road accident. The offending vehicle

hit the jeep driven by the deceased from behind. The insurer is also

found liable to pay compensation. The only question to be considered

in the appeal is for enhancement of compensation. We find force in the

contention of counsel for the appellants that the income fixed at Rs.

1500/- per month for a professional driver is very low. Even though

counsel for the insurance company submitted that salary certificate is

unbelievable, we feel rejection of salary certificate does not bar the

court from estimating reasonable income. We refix the income of the

deceased at Rs. 3000/- per month and after deducting one-third towards

personal expenses, appellants will be entitled to compensation by

reckoning net loss of dependancy at Rs. 2000/- per month. Applying

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the same multiplier, appellants will be entitled to equal amount that is

Rs. 1,92,000/- in addition to Rs. 1,92,000/- granted by MACT for loss

of dependancy. We feel appellants are entitled to another Rs. 10000/-

towards loss of consortium and loss of love and affection. Additional

compensation of Rs. 2,02,000/- granted by us 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.

(HARUN-UL-RASHID)
Judge.

kk

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