IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1496 of 2006()
1. MOLLY THAMPY, W/O.LATE THAMPY VARGHESE,
... Petitioner
2. TEENA ELSA (MINOR),
Vs
1. SOMAN PILLAI,S/O.PARAMESHWARAN PILLAI,
... Respondent
2. K.G. PURUSHOTHAMAN NAIR,
3. THE MANAGER,
For Petitioner :SRI.S.SUBHASH CHAND
For Respondent :SRI.VPK.PANICKER
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :04/11/2008
O R D E R
C.N. RAMACHANDRAN NAIR
&
HARUN-UL-RASHID, JJ.
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M.A.C.A.NO. 1496 OF 2006
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Dated this the 4th day of November, 2008
JUDGMENT
Ramachandran Nair, J.
Heard counsel for the appellants and Standing Counsel appearing
for the Insurance Company. Appeal is filed for enhancement of
compensation for the injuries sustained by the husband of the first
appellant who later died during the pendency of the claim petition.
2. The accident occurred on 6.8.1999 when the husband of the first
appellant was travelling in a bus. The other vehicle involved in the
accident was a lorry which was coming from the opposite direction. The
right hand of the victim got crushed in the accident leading to 40%
permanent disability which was accepted by the Tribunal. The injured
died on 17.10.2003 and the appellants were impleaded as his legal
representatives in the claim petition. The appellants did not put up a case
that death is due to the accident and consequently, no compensation was
awarded for loss of dependency.
M.A.C.A. NO.1496/2006 2
3. Counsel appearing for the appellants contended that the victim
had suffered extensively and he could not recover from the shock and
injury and death at the age of 44 can be attributed to the accident and
injury. However, Standing Counsel appearing for the Insurance Company
pointed out that injury of the right hand, however serious, cannot lead to
death of a man. No postmortem was done and consequently even cause
of death is not on record. Even though death may not be directly
attributable to the accident and injury, probably the same would have
advanced the death of the sick man. Considering these and the entitlement
of higher income for the deceased for fixing compensation for loss of
earning power, we enhance the total compensation by Rs.50,000/-. The
additional compensation will carry interest at the rate of 7.5 % per annum
from the date of application till date of payment.
Appeal is allowed to the extent indicated above.
(C.N. RAMACHANDRAN NAIR)
JUDGE
(HARUN-UL-RASHID)
JUDGE
sp/
M.A.C.A. NO.1496/2006 3
C.N. RAMACHANDRAN NAIR
&
HAURN-UL-RASHID, JJ.
M.A.C.A. NO. 1496/2006
JUDGMENT
4th November, 2008
M.A.C.A. NO.1496/2006 4
