IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 117 of 2004()
1. VIMALA, W/O.LATE PADMANABHAN POTTI,
... Petitioner
2. PRIYA, D/O.LATE PADMANABHAN POTTI,
Vs
1. THE MANGING DIRECTOR,
... Respondent
2. P.P.KURIACHAN,
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :SRI.K.PRABHAKARAN, SC, K.S.R.T.C.
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :04/09/2008
O R D E R
C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ.
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M.A.C.A.No. 117 of 2004
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Dated, this the 4th day of September, 2008
J U D G M E N T
Ramachandran Nair, J.
Heard learned counsel for the appellants and learned
standing counsel for KSRTC.
2. The appellants are mother and unmarried sister of the
deceased, who died in a bike accident while working as a cashier
in the Electricity Board. The MACT found that the accident was
caused on account of negligence of the driver of the bus.
Consequently, KSRTC was ordered to pay the compensation. The
main grievance of the appellants is against reduction of loss of
dependency on account of chance of marriage of the deceased
after two years. Even though, appellants oppose such reduction,
we do not think any ground to interfere with the finding because
in the normal course, a man is expected to get married in his
thirties, if not early. However, having regard to the incremental
advantages, the deceased would have got in service, and the fact
that his mother is a widow and sister remains unmarried, we feel
M.A.C.A.No.117/2004
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a higher fixation of income for dependency is called for.
Accordingly, we refix the entitlement after marriage to appellants
at Rs.1,750/- per month. Consequently, compensation for loss of
dependency will stand increased by a further sum of
Rs.1,44,000/-. The KSRTC will deposit the additional
compensation with interest at 7.5% from the date of application
till date of payment.
The appeal is allowed to the above extent.
(C.N.RAMACHANDRAN NAIR, JUDGE)
(V.K.MOHANAN, JUDGE)
jg