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SUBRAMANIAN P., AGED 58 YEARS versus K.MANIKANDAN, AGED 35 YEARS

High Court of Kerala

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SUBRAMANIAN P., AGED 58 YEARS v. K.MANIKANDAN, AGED 35 YEARS - MACA No. 1132 of 2007 [2007] RD-KL 14097 (25 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA No. 1132 of 2007()

1. SUBRAMANIAN P., AGED 58 YEARS,
... Petitioner

2. CELLATHAL, AGED 51 YEARS,

Vs

1. K.MANIKANDAN, AGED 35 YEARS,
... Respondent

2. K.ANITHA, W/O. SUMITHRAN,

3. THE NEW INDIA ASSURANCE CO. LTD.,

For Petitioner :SRI.R.VENUGOPAL

For Respondent : No Appearance

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice K.P.BALACHANDRAN

Dated :25/07/2007

O R D E R

J.B.KOSHY & K.P.BALACHANDRAN, JJ.

M.A.C.A.1132 OF 2007 Dated 25th July, 2007

JUDGMENT

Koshy,J.

A youngster aged 23 died in a motor accident. His parents filed claim petition before the Motor Accidents Claims Tribunal claiming Rs.10,00,000/= as compensation. The Tribunal awarded a total compensation of Rs.3,04,000/=. According to the claimants, the deceased was getting Rs.8,000/= per month and he was doing financial business. But, no evidence was adduced to show the income of the deceased. No documentary evidence was also adduced to show that he was doing financial service and no licence to run financial business was produced. No income tax return was also produced. However, Tribunal assessed Rs.3,000/= as monthly income. As per the application, father was aged 55 and mother was aged 48. Considering their age, 11 was taken as the multiplier. It is submitted that he was the only child, but, only Rs.30,000/= was awarded for loss of love and affection, loss of estate etc.. Considering the total compensation awarded and also the amount awarded for loss of love and MACA.1132/2007 2 affection etc., we are of the opinion that just and reasonable compensation was awarded and no enhancement is required. The appeal is dismissed. J.B.KOSHY

JUDGE

K.P.BALACHANDRAN

JUDGE

tks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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