Prasanna Sukumaran vs Dr.Sajanmon K.Antony on 28 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 2082 of 2006()


1. PRASANNA SUKUMARAN,
                      ...  Petitioner
2. SHANTHI SREEDHARAN,
3. GEETHAKUMARI VISHWANATHAN,
4. BINDU SURENDRAN, W/O.SURENDRAN,
5. AJU MON, POOVATHOLIL HOUSE,
6. C.K.THANKAMMA, POOVATHOLIL HOUSE,

                        Vs



1. DR.SAJANMON K.ANTONY,
                       ...       Respondent

2. THE NEW INDIA ASSURANCE CO. LTD.,

                For Petitioner  :SRI.ABRAHAM MATHEW (VETTOOR)

                For Respondent  :SRI.P.JAYASANKAR

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN

 Dated :28/08/2008

 O R D E R
                      C.N.RAMACHANDRAN NAIR &
                                 V.K.MOHANAN, JJ.
                 ....................................................................
                            M.A.C.A. No.2082 of 2006
                 ....................................................................
                  Dated this the 28th day of August, 2008.

                                        JUDGMENT

Ramachandran Nair, J.

Heard counsel for the appellant and Standing Counsel appearing for

the Insurance Company. The appellants are wife and children of the

deceased Mr.Parameswaran who died in a motor accident. The MACT

found negligence on the bike rider who caused the accident and

consequently Insurance Company is held liable to pay compensation.

2. On going through the award and after hearing the parties, we feel

modification is required in regard to income fixed for the deceased which

was taken at Rs.1,500/- per month. Loss of dependency was awarded after

providing one third towards personal expenses. Having regard to the

contentions raised that the deceased was a mechanic and was earning

substantial amount, though not proved with adequate evidence, we feel net

income after meeting personal expenses can be fixed at Rs.1,500/- per

month. Consequently, for loss of dependency appellants are entitled to

Rs.90,000/- as against Rs.60,000/- awarded by the MACT. We direct the

additional compensation to be given to the wife of the deceased who is

2

stated to be the 6th appellant. We do not find any justification for

increasing compensation on any other head and to any of other appellants.

The Insurance Company is directed to deposit additional compensation with

interest at 7.5% p.a. from date of application till date of payment and the

MACT is directed to release the additional compensation with interest to

the wife of the deceased. The appeal is allowed to the above extent.

C.N.RAMACHANDRAN NAIR
Judge

V.K.MOHANAN
Judge
pms