IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 MACA.No. 2162 of 2006() ----------------------- OPMV.404/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S)/PETITIONERS ------------------------------------- 1. PADMAVATHI, W/O. P.V.KUNHIRAMAN (LATE), AGED 50 YEARS, RESIDING AT KELTRON NAGAR, SREEPADAM, NEAR DESHASNEHI VAYANASALA, P.O.KALLIASSERI. 2. E.P.SARITHA, D/O. LATE KUNHIRAMAN, AGED 26 YEARS, -DO- -DO- 3. E.P.SUJEESH (MINOR), S/O. P.V.KUNHIRAMAN (LATE), -DO- -DO- 4. P.V.PARVATHI AMMA, M/O. P.V.KUNHIRAMAN, AGED 95 YEARS, -DO- -DO- BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): 1ST RESPONDENT ------------------------------ MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION. ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R.1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 2162 OF 2006 --------------------------------------------------------- Dated this the 19th day of November, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of the husband of the first appellant who was the father of appellants 2 and 3 , the remaining appellant being the aged mother of the deceased. We have heard counsel appearing for the appellant and Standing Counsel appearing for the K.S.R.T.C. 2. The salary certificate produced shows that the deceased was drawing a monthly salary of Rs.7,884/- at the time of accident and death. Going by his age, the applicable multiplier is 11. Therefore, after deducting one-third towards personal expenses, the appellants are entitled to compensation for loss of dependency by reckoning the net monthly income at Rs.5,256/-. Even though Standing Counsel appearing for the K.S.R.T.C. submitted that the deceased would have retired at the age of M.A.C.A.NO.2162/2006 2 60, we do not think any reduction in the multiplier is called for because even after retirement, the deceased would have earned some income. Therefore, applying the multiplier of 11, the appellants would be entitled to compensation of Rs. 6,93,792/- for loss of dependency as against Rs.4,88,000/- granted by the Motor Accidents Claims Tribunal, Thalassery. The additional compensation granted by us will carry interest at the rate of 7.5% per annum from the date of application till date of payment. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A.NO.2162/2006 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 2162/2006 JUDGMENT 19th November, 2008 M.A.C.A.NO.2162/2006 4