High Court Kerala High Court

Vijaya Nirmala vs Nanda Gopal on 6 November, 2008

Kerala High Court
Vijaya Nirmala vs Nanda Gopal on 6 November, 2008
       

  

  

 
 
  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.
                ....................................................................
                           M.A.C.A. No.2228 of 2006
                ....................................................................
                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