High Court Kerala High Court

Vijayakumari vs The Managing Director on 20 December, 2010

Kerala High Court
Vijayakumari vs The Managing Director on 20 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1444 of 2004()


1. VIJAYAKUMARI, AGED 31, T.C.21/1013,
                      ...  Petitioner
2. S.INDRAKUMR RESIDING AT DO.DO.

                        Vs



1. THE MANAGING DIRECTOR,
                       ...       Respondent

2. S.KANAGARAJ, S/O.SEELAMUTHU,

3. SATHEESAN,

4. RADHAKRISHNAN, S/O.KARUNAKARAN,

5. DISTRICT INSURANCE OFFICER,

6. K.E.MEENAKSHY, PUTHENVEETIL,

                For Petitioner  :SRI.R.T.PRADEEP

                For Respondent  :SRI.SUBHASH CYRIAC

The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :20/12/2010

 O R D E R
             A.K.BASHEER,J & M.L.JOSEPH FRANCIS, J
           -------------------------------------------------------------------
                           MACA.NO.1444 OF 2004
                        ----------------------------------------
                Dated this the 20th day of December, 2010

                                    JUDGMENT

The appellants are the young widow and minor son of deceased

Sailendrakumar who suffered a fatal injury in a road traffic accident that

occurred on June 7, 1998. The deceased was a driver by profession.

Ext.A8 driving licence will show that he was authorised to drive heavy

transport vehicles. Appellant No.1 was aged 24 at the time of the

accident and the deceased was only 34. In fact, appellant No.2 was

born shortly after the accident. Respondent No.6 who is the mother of

deceased Sailendrakumar, has been removed from the party array,

since notice could not be served. In fact, she was claimant No.2 before

the Tribunal.

The tribunal after considering the documentary evidence available

on record found that respondent No.1 Tamilnadu State Transport

Corporation Limited to which the offending vehicle belonged shall be

liable to pay a sum of Rs.30,02,000/- towards compensation to the

widow, child and mother of deceased Sailendrakumar. The above award

is under challenge at the instance of the widow and minor son.

The primary grievance of the appellants is that the tribunal

MACA.NO.1444 OF 2004 2

committed serious illegality in taking the monthly notional income of the

deceased as only Rs.2,000/-, though the specific case before the

tribunal was that he had been earning Rs.4,500/- per month. It is true

that the appellant had not produced any document to show that the

deceased was earning Rs.4,500/- per month. But still, having regard to

the fact that the deceased was holding a driving licence which

authorised him to drive heavy transport vehicle, we are of the view that

on a moderate estimate, the monthly income could have been taken as

Rs.3,000/- at least. By reckoning the monthly income as Rs.3,000/- and

deducting 1/3rd towards personal expenses, the dependency

compensation can be recalculated thus: 24,000 X 16 = Rs. 3,84,000/-.

The Tribunal has awarded only Rs.2,56,000/- under the head of

loss of dependency. Therefore, the appellants and the mother of the

deceased shall be entitled to get an additional compensation of

Rs.1,28,000/-.

The tribunal has awarded a sum of Rs.5,000/- under the head of

pain and suffering. In our view the said amount is too inadequate.

Therefore, an additional sum of Rs.10,000/- is awarded under this head.

Similarly, for loss of love and affection the Tribunal has awarded only a

sum of Rs.10,000/-. An additional sum of Rs.10,000/- is awarded under

MACA.NO.1444 OF 2004 3

this head also. Thus, the appellants and mother of deceased

Sailendrakumar shall be entitled to get additional compensation of

Rs.1,48,000/-. This amount shall also bear interest at the rate of 9%

from the date of petition till the date of realisation.

The amount of compensation shall be apportioned among the

widow, minor son and mother of deceased Sailendrakumar in the

proportion as set out by the Tribunal in the award. The appeal is

disposed of in the above terms.

A.K.BASHEER,JUDGE

M.L.JOSEPH FRANCIS,JUDGE

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