Allowed

Joseph v. United India Insurance Co.Ltd,Thalassery

Kerala HC5 Aug 2008MACA/1204/2004

Case brief

AI extract

What is this about?

The High Court Martial Appeal Clause (M.A.C.A.) No. 1204 of 2004, the court enhanced the compensation awarded for the death of a 25-year-old educated man from Rs. 1,84,500 to Rs. 2,50,000, directing the insurance company to pay with interest, while rejecting the insurer's contention regarding the dependency share due to upcoming marriage.

What did the court decide?

Compensation enhanced to Rs. 2,50,000 with direction to deposit with 7.5% interest per annum from date of application.

Joseph Vs United India Insurance Co.Ltd,Thalassery — Motor Accident Claims | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN

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TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930

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MACA.No. 1204 of 2004()

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----------------------OPMV.1709/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY

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APPELLANTS/PETITIONERS:

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JOSEPH, S/O. MATHEW, CHEKKATHADATHIL HOUSE, P.O. KALANKY, ULICKAL (VIA), KANNUR DISTRICT.

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THRESSIAMMA, D/O. XAVIOUS, CHEKKATHADATHIL HOUSE, P.O. KALANKY, ULICKAL (VIA), KANNUR DISTRICT.

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BY ADV. SRI.GRASHIOUS KURIAKOSE

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RESPONDENTS: RESPONDENT NO.3:

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UNITED INDIA INSURANCE COMPANY LTD., THALASSERY.

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BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R1

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ.

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M.A.C.A. No.1204 of 2004

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.................................................................... Dated this the 5th day of August, 2008.

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JUDGMENT

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Ramachandran Nair, J.

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Appeal is filed for enhancement of compensation awarded for the death of the only son of the appellants who was only 25 years old when he died in the accident. While counsel for the appellants submitted that income fixed for the deceased who was a graduate (B.A., B.Ed.) is too low and compensation awarded under other heads are also very low, counsel for the Insurance Company pointed out that multiplier applied without taking into account age of the appellants is high. He further pointed out that dependency gets shared with wife because deceased was almost reaching the marriageable age. We find force in the contention raised by the appellants about the inadequacy of compensation awarded under various heads and the low income fixed by the Tribunal for the purpose of fixing compensation. However, there is force in the contention of the Insurance Company also because multiplier applied at 18 is high considering the age of the parents. Moreover, dependency gets reduced on marriage. Having regard to the contentions raised and since the compensation awarded for the

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death of the 25 year old educated man is only Rs.1,84,500/-, we increase the total compensation to rupees two lakh fifty thousand with direction to the

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Insurance Company to deposit the compensation with 7.5% interest p.a. from date of application till date of deposit. Appeal stands allowed to the

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above extent.

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C.N.RAMACHANDRAN NAIR Judge

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V.K.MOHANAN Judge

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pms

Joseph v. United India Insurance Co.Ltd,Thalassery

Case brief

What is this about?

What did the court decide?

Joseph v. United India Insurance Co.Ltd,Thalassery

Case brief

What is this about?

What did the court decide?

What the court decided

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