IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 517 of 2004()
1. THANKAMMA, AGED 50 YEARS,
... Petitioner
2. ANIL KUMAR, AGED 29 YEARS,
Vs
1. P.G.RAMACHANDRA PAI,
... Respondent
2. K.K.AJAYAKUMAR, S/O. KUMARAN,
3. THE ORIENTAL INSURANCE CO.LTD.,
For Petitioner :SRI.BEPIN VIJAYAN
For Respondent :SRI.VPK.PANICKER
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :28/06/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
M.A.C.A.No.517 OF 2004
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 28th day of June 2010
JUDGMENT
Basheer, J.
Appellants sought compensation for the death of one Sadanandan, the
husband of appellant No.1 and father of appellant No.2. Sadanandan died
due to the injuries sustained by him in a motor accident that occurred on
December 15, 1999.
2. According to the appellants, deceased Sadanandan was an
electrician earning Rs.5,000/- per month. As against the claim of
Rs.10,97,000/-, the Tribunal awarded Rs.2,08,000/- with 6% interest. For
reckoning loss of dependency, the Tribunal took the monthly income of
Sadanandan as Rs.2,000/-. However, Ext.A8 certificate issued by a
contractor revealed that deceased Sadanandan had been getting Rs.5,000/-
from his employment as electrician.
3. Anyhow, having regard to the entire facts and circumstances,
particularly Ext.A8 certificate and also the oral testimony of appellant No.1,
who was examined as PW1, we do not find any justification in reckoning his
monthly income as Rs.2,000/-. In our view, Rs.3,000/- can be reasonably
assessed as the monthly income that deceased Sadanandan might have been
getting at the time of the accident. If we compute the loss of dependency on
the basis of the monthly salary as referred to above, compensation payable
M.A.C.A.No.517 OF 2004
:: 2 ::
under that head would come to Rs.2,64,000/- in lieu of Rs.1,76,000/- as
assessed by the Tribunal. Thus, the appellants are entitled to get an
additional compensation of Rs.88,000/-. The Tribunal, in our view, has
awarded just and reasonable amounts under the other heads. However,
respondent No.3 shall be liable to pay interest at the rate of 7.5% from the
date of petition till the date of realisation.
Appeal is disposed of as above.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
jes