Loading...

Rosa vs Ashraf Yousuf Bhochu on 5 June, 2009

Kerala High Court
Rosa vs Ashraf Yousuf Bhochu on 5 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 643 of 2006(A)


1. ROSA, W/O. LATE VARGHESE,
                      ...  Petitioner
2. ANNAKKUTTY, D/O. LATE VARGHESE,
3. JOSE, S/O. LATE VARGHESE,
4. BABY, S/O. LATE VARGHESE,
5. ALEYKUTTY, D/O. LATE VARGHESE,
6. KATHRI, D/O. LATE VARGHESE,
7. JOHNY, S/O. LATE VARGHESE,

                        Vs



1. ASHRAF YOUSUF BHOCHU,
                       ...       Respondent

2. SULAIMAN, S/O.ABDUL RAHIMAN KURKUR,

3. UNITED INDIA INSURANCE COMPANY LIMITED,

                For Petitioner  :SRI.R.BINDU (SASTHAMANGALAM)

                For Respondent  :SRI.RAJAN P.KALIYATH

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :05/06/2009

 O R D E R
                   C.N.RAMACHANDRAN NAIR &
                           C.K.ABDUL REHIM, JJ.
              ....................................................................
                          M.A.C.A. No.643 of 2006
              ....................................................................
                  Dated this the 5th day of June, 2009.

                                     JUDGMENT

Ramachandran Nair, J.

Appellants are widowed mother, brothers and sisters of a 27 year

old person who died in a road accident. The MACT found that the

accident was caused on account of negligence of the offending vehicle

and consequently insurer was directed to pay compensation. The total

compensation awarded is Rs.71,000/-. Appeal is filed for

enhancement. We have heard counsel for the appellants and Standing

Counsel for the Insurance Company.

2. The challenge against the multiplier applied is not tenable

because deceased being an unmarried person, the multiplier is taken

with reference to age of the mother of the deceased. However, we feel

the annual income of the deceased taken at Rs.15,000/- is very low

because he was said to be a painter by profession. The claim is for

enhancement of compensation under various heads. However, we feel

a total enhancement will meet the ends of justice. We enhance the total

2

compensation by Rs.50,000/- which will carry interest at 7.5% p.a.

from date of application till date of deposit. Appeal stands allowed to

the above extent.

C.N.RAMACHANDRAN NAIR
Judge

C.K.ABDUL REHIM
Judge
pms

Leave a Comment

Your email address will not be published. Required fields are marked *

Cookies help us deliver our services. By using our services, you agree to our use of cookies. More Information