IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2228 of 2006()
1. VIJAYA NIRMALA, W/O.LATE DILEEP,
... Petitioner
2. DURGA, D/O. LATE DILEEP,
3. ALLEY KRISHNAN, W/O. KRISHNAN,
Vs
1. NANDA GOPAL, S/O. NOT KNOWN,
... Respondent
2. SREENIVASAN, S/O. SHANMUGHAN,
3. THE UNITED INDIA INSURANCE COMPANY LTD.,
For Petitioner :SRI.P.M.JOSHI
For Respondent :SRI.K.R.VINOD
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :06/11/2008
O R D E R
C.N.RAMACHANDRAN NAIR &
HARUN-UL-RASHID, JJ.
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M.A.C.A. No.2228 of 2006
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Dated this the 6th day of October, 2008.
JUDGMENT
Ramachandran Nair, J.
The appeal is filed for enhancement of compensation for the
death of first appellant’s husband who is the father of second appellant
and son of the third appellant. The deceased while walking on the
road with his wife and child was hit down by a goods autorickshaw
which caused his death instantaneously. The MACT found the vehicle
and it’s insurer liable. However, award passed is challenged on the
ground of inadequacy of compensation granted under various heads.
We have heard counsel for the appellant and since there is no
appearance for the Insurance Company even after service of notice, we
proceed to decide the case on merits.
2. The contention raised by counsel for the appellants is that the
income of the deceased fixed at Rs.2,100/- per month is too low
because he was stated to be employed as a driver in a taxi vehicle. In
fact, salary certificate produced from a tour operator shows that he was
2
getting a salary of Rs.4,500/- per month. Even though Rs.4,500/- may
be an exaggerated figure, we feel, in fairness atleast Rs.3,000/- should
be fixed as income of the deceased per month, whether he works as a
driver or not because even a daily wage earner can earn minimum
Rs.3,000/- per month. Applying the same multiplier (16), appellants
will be entitled to compensation for loss of dependency at
Rs.3,84,000/- (3000 x 12 – 1/3 (towards personal expenses) x 16) as
against Rs.2,24,000/- granted by the MACT. We feel enhancement is
called for, for the compensation awarded for loss of love and affection
and for loss of consortium. We increase the compensation under these
two heads by Rs.10,000/-. The additional compensation of
Rs.1,70,000/- granted by us will carry interest at the rate of 7.5% p.a.
from date of application till date of payment. Appeal stands allowed to
the extent stated above.
C.N.RAMACHANDRAN NAIR
Judge
HARUN-UL-RASHID
Judge
pms