IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 MACA.No. 885 of 2006() ---------------------- OPMV.26/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S): APPELLANTS ------------------------ 1. THULASI VIJAYAN, W/O.LATE VIJAYAN, EDAPPANKIL PADIJATTETHIL VEEDU, ATTARIKAM, OMALLOOR, PATHANAMTHITTA. 2. AJAYA KUMAR (MINOR), S/O.LATE VIJAYAN, REPRESENTED BY HIS MOTHER, THULASI VIJAYAN, EDAPPANKIL PADIJATTATHIL VEEDU, ATTARIKAM, OMALLUR, PATHANAMTHITTA. 3. ASHA V (MINOR) D/O.LATE VIJAYAN, REPRESENTED BY HER MOTHER THULASI VIJAYAN, EDAPANKIL PADIJATTETHIL HOUSE, ATTARIKAM, OMALLUR, PATHANAMTHITTA. 4. E.K.PONNAMMA, M/O.LATE VIJAYAN, EDAPPANKIL PADIJATTETHIL VEEDU, ATTARIKAM, OMALLOOR, PATHANAMTHITTA. 5. K.KUNJUKUNJU, F/O.LATE VIJAYAN, EDAPPANKIL PADIJATTETHIL VEEDU, ATTARIKAM, OMALLOOR, PATHANAMTHITTA. BY ADV. SMT.S.K.DEVI SRI.SANTHOSH P.ABRAHAM RESPONDENT(S): --------------- 1. G.BALACHANDRAN PILLAI, NADAYIL, PADEETHETHIL HOUSE, VETTIYOOR, MAVELIKKARA. 2. BHUVANENDRAN NAIR, S/O.RAGHAVAN PILLAI, KUNNUKUZHY, THIRUVANANTHAPURAM. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., KOCHI BRANCH. ADV. SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 885 OF 2006 -------------------------------------------- Dated this the 3rd day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the death of first appellant's husband in a road accident. The remaining appellants are two minor children and parents of the deceased. The first ground raised for enhancement of compensation is against low income fixed for the deceased who was admittedly an employee working in a shop. Even though counsel for the insurance company opposed enhancement stating that there is no clear evidence regarding regular employment and salary, we feel, considering the age of the deceased, he would have been able to earn Rs. 2,250/- every month even as a casual employee. Even after deducting one third towards personal expenses, the appellants will be entitled to compensation for loss of dependancy at Rs. 2,88,000/- as against Rs. 2,24,000/- granted by the MACT. Besides this, considering the young age of the first appellant, and tender age of 2 the children of the deceased, we enhance the compensation for loss of consortium to the first appellant and loss of love and affection to the two minor children by a further sum of Rs. 25,000/-. The insurance company is directed to deposit additional compensation within interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal stands allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3