Kerala High Court
K.V. Pappaachan vs Jijo K.Y on 30 September, 2008
Bench: C.N.Ramachandran Nair, Harun-Ul-Rashid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 555 of 2005()
1. K.V. PAPPAACHAN, S/O. VAREED,
... Petitioner
2. MARY PAPPACHAN, W/O. PAPPACHAN,
3. LEELA VARGHESE, W/O. VARGHESE,
4. SRI. GILBERT, D/O. VAREED,
5. KOCHU RANI, W/O. DENNY,
Vs
1. JIJO K.Y., S/O. YOHANNAN,
... Respondent
2. K.P. ALIAS, S/O. K.C. POULOSE,
3. NATIONAL INSURANCE CO.LTD.,
4. M.N. ANILKUMAR, MOOTHERIL HOUSE,
For Petitioner :SRI.WILSON URMESE
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :30/09/2008
O R D E R
C.N. RAMACHANDRAN NAIR
&
HARUN-UL-RASHID, JJ.
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M.A.C.A.NO. 555 OF 2005
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Dated this the 30th day of September, 2008
JUDGMENT
Ramachandran Nair, J.
Appeal is filed for enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Perumbavoor in O.P. (MV) No. 943 of 1998 for the death of the son of the first and second appellants who was the brother of the remaining appellants.
2. Deceased, at the time of accident, was only 26 years of age and was unmarried. The documents produced established that the deceased was a loading and unloading worker and was also a qualified driver with licence and badge. Counsel appearing for the appellant submitted that the monthly income fixed by the Tribunal at Rs.2,000/-for determining compensation for loss of dependency is very low. Senior Standing Counsel Sri. Mathew Jacob appearing for the Insurance Company submitted that in the absence of any evidence of the income of the deceased, the Tribunal presumably estimated his monthly income at M.A.C.A. NO. 555/2005 2 Rs.2,000/-. We feel that the deceased would have been able to earn at least Rs.3,000/- per month had he been alive because a driver can earn a monthly income of Rs.3,000/- to Rs.4,000/-. In the circumstances, we fix the monthly income of the deceased at Rs.3,000/- and after deducting one- third towards personal expenses, the appellants will be entitled to Rs.2,000/- per month for loss of dependency. So far as reduction on account of possible marriage is concerned, we feel that there is no scope for interference because marriage takes place on a routine basis. Therefore, the parents cannot be treated as sole dependents of the deceased for life. However, the deceased being the only son of appellants 1 and 2, after deducting the amount on account of possible marriage, we fix compensation for loss of dependency at Rs.1,000/- per month. Going by the multiplier adopted by the Tribunal, the appellants will be entitled to get Rs.96,000/- for the first four years and Rs.84,000/- for the remaining years. This will lead to an enhanced compensation for loss of dependency from Rs.1,22,800/- to Rs.1,80,000/-.
3. We have also considered the fact that the deceased has three sisters and he was the only male child in the family. We feel that the compensation paid for loss of love and affection is too low. We, therefore, enhance the compensation under this head by a further sum of Rs.25,000/-. M.A.C.A. NO. 555/2005 3 The Insurance Company is directed to deposit the additional compensation with interest at the rate of 7 1/2 % per annum from the date of petition till date of payment.
The appeal is allowed to the above extent.
(C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO. 555/2005 4 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ.
M.A.C.A. NO. 555/2005 JUDGMENT 30th September, 2008 M.A.C.A. NO. 555/2005 5