High Court Kerala High Court

Sulochana vs Babu U. on 27 August, 2009

Kerala High Court
Sulochana vs Babu U. on 27 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1052 of 2007()


1. SULOCHANA, W/O. GOPALAN,
                      ...  Petitioner
2. LEELA, W/O. KRISHNAN,
3. VANAJA, W/O. PRADEEPKUMAR,
4. RAJI, W/O. (LATE) PADMANABHAN,
5. GANESHAN, S/O. (LATE) PADMANABHAN,
6. SARASWATHI, D/O. (LATE) PADMANABHAN,

                        Vs



1. BABU U., S/O. PADMANABHAN,
                       ...       Respondent

2. NATIONAL INSURANCE COMPANY LIMITED,

                For Petitioner  :SRI.AVM.SALAHUDIN

                For Respondent  :SMT.SARAH SALVY

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :27/08/2009

 O R D E R
      K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ.

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                  M.A.C.A. NO: 1052 OF 2007
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             Dated this the 27th Day of August, 2009.


                              JUDGMENT

K. M. Joseph J.

The appellants are the son and daughters of the deceased. The

appeal is filed against the inadequacy of quantum.

2. We heard the learned counsel for the appellants and the

learned counsel for the second respondent, Insurance Company.

3. The Tribunal has awarded Rs.60,000/-, break-up of which

is as shown below:-

             Loss of dependency            : 50,000/-
             Funeral expenses              :    2,000/-
             Transportation charges :           1,000/-
             Medical treatment             :    2,000/-
             Pain and suffering            : 5,000/-
                                             -------------
                                               60,000/-
                                            = = = = = =

4. The learned counsel for the appellants contented that no

M.A.C.A . NO: 1052 OF 2007
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amount was awarded towards loss of love and affection. Still

further he pointed out that the amount of dependency awarded is on

the lower side. The Tribunal has taken only Rs.1,250/- as notional

income. After deducting 1/3rd and applying a multiplier of 5, the

Tribunal has awarded an amount of Rs.50,000/- as loss of

dependency.

5. The learned counsel for the appellant is justified in

contending that the Tribunal ought to have awarded compensation

towards loss of love and affection. It is pointed out that one of the

daughters of the deceased is not married. On considering these

facts, we feel that the appellants can be awarded Rs.10,000/-

towards loss of love and affection. The Tribunal has taken

Rs.1,250/- as income. The accident took place in the year 2002.

We are inclined to fix the income of the deceased as Rs.1,500/- per

month. O the basis of same multiplier and after deducting 1/3rd, we

find the appellant is entitled to for Rs.10,000/- more. Thus the

appellants is entitled to an amount of Rs.20,000/- more.

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Accordingly this appeal is allowed and the appellants are

allowed to realise an amount of Rs.20,000/- more along with

interest at 7.5% from the date of petition till the date of realisation,

from the second respondent.

K. M. JOSEPH, JUDGE

M. L. JOSEPH FRANCIS, JUDGE

dl/