IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 620 of 2006()
1. VELAYUDHAN, S/O.KUNJIKELAN,
... Petitioner
2. LAXMI, W/O.VELAYUDHAN,
3. BIJI, D/O.VELAYUDHAN,
Vs
1. K.P.BALAKRISHNAN, S/O.CHEKKOOTTY,
... Respondent
2. MANAGING DIRECTOR,
3. K.R.SUNIL, S/O.RAMACHANDRAN,
4. THE MANAGER, ORIENTAL INSURANCE COMPANY
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :SRI.M.JACOB MURICKAN
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :19/11/2008
O R D E R
C.N. RAMACHANDRAN NAIR
&
HARUN-UL-RASHID, JJ.
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M.A.C.A.NO. 620 OF 2006
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Dated this the 19th day of November, 2008
JUDGMENT
Ramachandran Nair, J.
Appeal is filed for enhancement of compensation for the death of
the son of appellants 1 and 2 who was a driver by profession and aged 21
at the time of the accident.
2. Counsel appearing for the appellants contended that
compensation granted for loss of dependency is too low. However,
Standing Counsel appearing for the K.S.R.T.C. submitted that dependency
gets reduced on marriage of the deceased. While we agree with the
argument of counsel for the K.S.R.T.C. that reduction in dependency for
parents after marriage of the deceased is a normal course that takes place
in the society, we feel applying the relevant multiplier of 18, loss of
dependency for the first five years , that is, until the deceased attains the
age of 26 should be fully granted to the parents. Even after marriage, the
M.A.C.A. NO. 620/2006 2
parents can depend on the earnings of the son, though not to the extent of
his net earnings. Considering the fact that the deceased was a driver by
profession and was holding a driving licence, we estimate his gross
monthly income at Rs.3,000/- and after deducting one-third towards
personal expenses, Rs.2,000/- can be taken for computation of loss of
dependency for the first five years. Therefore, appellants will be entitled
to get compensation of Rs.1,20,000/- (2000 x 12 x 5) for loss of
dependency. For the remaining ten years, we feel appellants 1 and 2 are
together entitled to get compensation of Rs.1,20,000/- (1,000 x 12 x 10).
No other modification is called for. The additional compensation of
Rs.1,20,000/- 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. 620/2006 3
C.N. RAMACHANDRAN NAIR
&
HAURN-UL-RASHID, JJ.
M.A.C.A. NO. 620/2006
JUDGMENT
19th November, 2008
M.A.C.A. NO. 620/2006 4