IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 105 of 2004()
1. SUNDARI AMMA, W/O.DIVAKARAN NAIR,
... Petitioner
2. SASIDHARAN, S/O.LATE DIVAKARAN NAIR,
3. BABU, S/O.LATE DIVAKARAN NAIR,
4. SHAILAJA, D/O.LATE DIVAKARAN NAIR,
5. SAJEEV, S/O.LATE DIVAKARAN NAIR,
6. SHEELA, D/O.LATE DIVAKARAN NAIR,
Vs
1. MANAGING DIRECTOR,
... Respondent
2. C.C.GEORGE, S/O.CHAKKUNNI,
For Petitioner :SRI.P.V.BABY
For Respondent :SRI.JAMES KOSHY.N., SC. KSRTC
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :02/09/2008
O R D E R
C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ.
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M.A.C.A. No. 105 of 2004
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Dated, this the 2nd day of September, 2008
J U D G M E N T
Ramachandran Nair, J.
The appeal is filed for enhancement of compensation
awarded for the death of husband of the first appellant, who is
father of the remaining appellants. The deceased was stated to
be workshop employee at the time of death. Since there was no
proof of income, MACT adopted monthly income at Rs.1,500/-
and after deducting 1/3rd towards personal expenses,
compensation for loss of dependency is fixed at Rs.96,000/-.
Even though, there is no evidence with regard to the income, we
feel, monthly income has to be estimated reasonably based on
maintenance expenditure for the family the deceased was
maintaining. Therefore, we fix the income after meeting
personal expenses at Rs.1,500/- per month. Consequently, loss
of dependency is refixed at Rs.1,44,000/- as against Rs.96,000/-
fixed by the MACT. Besides this, we increase the compensation
for pain and suffering and for loss of consortium to the first
M.A.C.A.No.105/2004
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appellant by another Rs.12,000/- making the total enhancement
to Rs.60,000/-. The KSRTC will deposit the additional
compensation with interest @ 7.5% from the date of application
till the date of payment.
The appeal is allowed to the above extent.
(C.N.RAMACHANDRAN NAIR, JUDGE)
(V.K.MOHANAN, JUDGE)
jg