Partly allowed

P.K.Vijayalakshmi v. P.Gopalakrishnan

Kerala HC5 Aug 2008MACA/1209/2004

Case brief

AI extract

What is this about?

This Motor Accident Claims Appeal involved challenge to the compensation award. The High Court increased the net income and multiplier specifically for loss of dependency, raising the awarded amount from Rs. 1.8 lakhs to Rs. 2.88 lakhs. Compensation under other heads remained unaltered.

What did the court decide?

Compensation for loss of dependency enhanced to Rs. 2,88,000; income fixed at Rs. 1,500/month; multiplier fixed at 16.

P.K.Vijayalakshmi Vs P.Gopalakrishnan — Insurance | 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. 1209 of 2004()

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----------------------(AGAINST THE AWARD DATED 27/02/2004 IN OPMV.1782/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE)

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APPELLANT(S): APPELLANTS/PETITIONERS 1 TO 4

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P.K.VIJAYALAKSHMI, AGED 44 YEARS, W/O. LATE N.V.SIVARAJAN, KADANKUNNATHU HOUSE, P.O.KOTTOLI, KOZHIKODE.

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N.V.RESHMA, AGED 24 YEARS, D/O. LATE N.V.SIVARJAN, KADANKUNNATHU HOUSE, P.O.KOTTOLI, KOZHIKODE.

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N.V.RIJESH, AGED 23 YEARS, S/O. LATE N.V.SIVARAJAN, KADANKUNNATHU HOUSE, P.O.KOTTOLI, KOZHIKODE.

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N.V.RINESH, AGED 22 YEARS,

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S/O. LATE N.V.SIVARAJAN, KADANKUNNATHU HOUSE, P.O.KOTTOLI, KOZHIKODE.

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BY ADV. SRI.JACOB ABRAHAM

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RESPONDENT(S)/RESPONDENTS 1 & 2 :

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P.GOPALAKRISHNAN, AGED 51 YEARS, S/O. CHEKKUNI NAIR, PATHIRIKUNNATHU HOUSE, AMBADI, RAYAMANGALAM, P.O.THIRUMATTAMCODE, PATTAMBI, PALAGHAT DISTRICT.

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THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO.LTD., PONNANI, MALAPPURAM.

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ADV. SRI.SANTHEEP ANKARATH FOR R1

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SRI.S.GIRISH FOR R2

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

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

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M.A.C.A. No.1209 of 2004

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

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J U D G M E N T

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Ramachandran Nair, J.

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Heard learned counsel for the appellant and learned counsel appearing for the Insurance Company.

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The prayer in the appeal is for enhancement of compensation under various heads. We find force in the contention of the appellant that the income fixed is too low for fixation of compensation for loss of dependency. There is a controversy as to whether the deceased was a mason or a head load worker. In either case, we feel the net income fixed at Rs.1,200/- per month after providing personal expenses is low. We, therefore, refix the net income after deducting personal expenses at Rs.1,500/- per month. Moreover, the multiplier applied is 15 as against 16 applicable because the deceased was only 40 years of age at the time of death. We, therefore, increase the compensation for loss of dependency from Rs.1,80,000/- to Rs.2,88,000/-. We do not find any ground to interfere with the award of compensation under other heads.

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We allow the appeal to the above extent.

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(C.N.RAMACHANDRAN NAIR, JUDGE)

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(V.K.MOHANAN, JUDGE)

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P.K.Vijayalakshmi v. P.Gopalakrishnan

Case brief

What is this about?

What did the court decide?

P.K.Vijayalakshmi v. P.Gopalakrishnan

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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