IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 640 of 2000()
1. M/S.INCENTIVE MARKETING & ADVERTISING
... Petitioner
Vs
1. JOJI PAUL
... Respondent
For Petitioner :SRI.P.I.DAVIS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :03/11/2008
O R D E R
? IN THE HIGH COURT OF KERALA AT ERNAKULAM
+MACA.No. 158 of 2003()
#1. BENAZIRA D/O. ABU, AGED 24 YEARS,
... Petitioner
2. MARVAN, DO. DO. AGED 22 YEARS, DO.DO.DO.
3. SHAMEER DO, AGED 18 YEARS, DO.DO.DO.
Vs
$1. AVUBHIPURATH SULAIMAN S/O. ABOOBACKER,
... Respondent
2. E.K. MOIDUTTY HAJI, S/O. ABDURAHIMAN,
3. UNITED INDIA INSURANCE CO. LTD., MANJERI
! For Petitioner :SRI.P.SAMSUDIN
^ For Respondent :SRI.MATHEWS JACOB (SR.)
*Coram
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
% Dated :29/09/2008
: O R D E R
C.N.RAMACHANDRAN NAIR &
HARUN-UL-RASHID, JJ.
…………………………………………………………..
M.A.C.A. No.158 of 2003
…………………………………………………………..
Dated this the 29th day of September, 2008.
JUDGMENT
Ramachandran Nair, J.
Appeal is filed by children who lost their parents in a road accident.
The compensation awarded for the death of mother of the appellants is
accepted by them. However, appeal is filed for enhancement of
compensation granted for the death of their father. We have heard counsel
appearing for the appellants and Senior counsel Sri.Mathews Jacob,
appearing for the Insurance Company.
2. The enhancement is sought for on the ground that income fixed for
the deceased father of the appellants at Rs.2,100/- per month for the purpose
of loss of dependency is low and unrealistic. Counsel contended that
evidence produced in the form of salary certificate from the employer in
Saudi Arabia proves employment of the deceased there as a worker for over
three years. According to him, he died while on leave and would have
rejoined duty thereafter. However, counsel for the Insurance Company
submitted that mere employment certificate issued by a foreign employer is
not believable and appellants have not produced further evidence to
2
corroborate their claim. During hearing, we collected copy of the Passport
from the counsel for the appellants which indicates that deceased had left
India in 1992 and returned in 1995. Since the entries in the Passport
correspondent to the salary certificate, we feel the salary certificate is
probably genuine. We do not know why proper documents like copy of
NRI account, remittance made etc., were not made available by the
appellants before the MACT. Considering all these, we feel fixation of
wages of the deceased at reasonable rate will serve the ends of justice. We,
accordingly, fix the monthly income of the deceased at Rs.4,500/- and after
deducting one third towards personal expenses, Rs.3,000/- is fixed as net
income for the purpose of fixation of compensation for loss of dependency.
Applying the same multiplier, the appellants will be entitled to a total
compensation of Rs.5,76,000/- as against Rs.2,68,800/- granted by the
MACT. The Insurance Company is directed to deposit the additional
compensation with interest at 7.5% p.a. from date of application till date of
deposit. The appeal stands allowed to the above extent.
C.N.RAMACHANDRAN NAIR
Judge
HARUN-UL-RASHID
Judge
pms