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Molly Thampy vs Soman Pillai on 4 November, 2008

Kerala High Court
Molly Thampy vs Soman Pillai on 4 November, 2008
       

  

  

 
 
  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.
              ---------------------------------------------------------
                        M.A.C.A.NO. 1496 OF 2006
              ---------------------------------------------------------
                 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

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