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.
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M.A.C.A. No.643 of 2006
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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