IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 321 of 2006()
1. SHYLAJA, W/O.LATE KABEER,
... Petitioner
2. BADUSHA, S/O.LATE KABEER,
3. AMARSHA, S/O.LATE KABEER, AGED 8 YEARS,
4. SAD EBRAHIM @ EBRAHIM.
5. SHEREEFA,
Vs
1. SAJAN SIMON, S/O.SIMON,
... Respondent
2. K.B.CHANDRASEKHARAN NAIR,
3. THE NEW INDIA ASSURANCE CO LTD.,
4. BINOY NINAN, KAYYALAKKAKOM HOUSE,
5. JOHNY T.V., S/O.VARGHESE,
6. THE ORIENTAL INSURANCE CO LTD.,
7. ABI SIMON, CHIRAKKATTU HOUSE,
For Petitioner :SRI.P.V.ELIAS
For Respondent :SRI.LAL GEORGE
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :12/11/2008
O R D E R
C.N. RAMACHANDRAN NAIR
&
HARUN-UL-RASHID, JJ.
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M.A.C.A.NO. 321 OF 2006
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Dated this the 12th day of November, 2008
JUDGMENT
Ramachandran Nair, J.
Appeal is filed for enhancement of compensation for the death of the
husband of the first appellant who is the father of appellants 2 and 3,
remaining appellants being parents of the deceased. The deceased was 30
years of age at the time of accident and death. The Motor Accidents
Claims Tribunal, Muvattupuzha found the insurer of the offending vehicle,
which knocked down the motor cycle driven by the deceased , liable to pay
compensation. Appellants have prayed for enhancement of compensation
under all heads.
2. We find force in the contention of the appellants that income of
the deceased fixed at Rs.1,500/- per month is very low. Even though
counsel appearing for the Insurance Company submitted that no evidence
was produced regarding income of the deceased, we feel a reasonable
M.A.C.A. NO.321/2006 2
estimate is called for because deceased was stated to be a self employed
man dealing in vehicles. A person of the age of 30 would be able to earn
at least Rs.3,000/- per month whatever is the work he chooses to to. We,
therefore, fix monthly income of the deceased at Rs.3,000/- and after
deducting one-third towards personal expenses, we refix the compensation
for loss of dependency by reckoning the net annual income at Rs.24,000/-.
Therefore, appellants will be entitled to an additional compensation of
Rs.2,16,000/- under this head. Considering the age of the first appellant
and her small children, we enhance the compensation for loss of
consortium and love and affection by another Rs.20,000/-. The additional
compensation granted by us 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.321/2006 3
C.N. RAMACHANDRAN NAIR
&
HAURN-UL-RASHID, JJ.
M.A.C.A. NO. 321/2006
JUDGMENT
12th November, 2008