IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 MACA.No. 331 of 2003() ---------------------- OPMV.1021/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANTS/PETITIONERS: ------------------------------------- 1. K.GOVINDAN, S/O. SANKARAN, AGED 55 YEARS, KIZHAKKEYIL HOUSE, MURINGODI DESOM, MANATHANA AMSOM, P.O. MELMURINGODI. 2. K.KAMALAKSHI, W/O. K.GOVINDAN, AGED 49 YEARS, KIZHAKKEYIL HOUSE, MURINGODI DESOM, MANATHANA AMSOM, P.O. MELMURINGODI. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): RESPONDENTS: --------------------------- 1. O.K.DEVASSIA, KURIYAPARAMBIL, P.O. KOLAKKAD, VIA. PERAVOOR. 2. K.KURIYAN ALIAS BAIJU, KURIYAPARAMBIL, KANICHAR AMSOM, P.O. KOLAKKAD. 3. THE NEW INDIA ASSURANCE CO. LTD., KANNUR. ADV. SRI.P.JAYASANKAR,SC (B/O) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.331 of 2003 .................................................................... Dated this the 2nd day of January, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of son of the appellants in a road accident. We have heard counsel appearing for the appellants and Standing Counsel appearing for the Insurance Company. 2. Appellants' only son who was an auto driver by profession, died in a road accident caused by a jeep which hit against the auto driven by the deceased. Counsel for the appellants submitted that the income adopted for granting compensation for loss of dependency is very low. Standing Counsel for the Insurance Company submitted that in the absence of any evidence, the income taken at Rs.1,500/- per month is quite reasonable. Considering the low income of Rs.1,500/- fixed per month, we do not think there is any justification to reduce any amount towards reduction in dependency on account of possible marriage of the deceased later in life because in the course of time he 2 will get increased income. In any case we feel loss of dependency can be estimated at Rs.10,000/- per year for the parents. Applying the same multiplier, the appellants will be entitled to total loss of dependency of Rs.1,50,000/- as against Rs.1,08,000/- granted by the MACT. Besides this, since the deceased was the only son, we grant a further sum of Rs.8,000/- towards additional compensation for loss of love and affection. The additional compensation of Rs.50,000/- granted by us will carry interest at the rate of 7.5% p.a. from date of application till date of deposit. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms