IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 MACA.No. 771 of 2003() ---------------------- (AGAINST THE AWARD DATED 02/05/2003 IN OPMV.568/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY) .................... APPELLANTS/PETITIONERS --------------------------------------- 1. C.P.AYISHA D/O. ABDULLAKUTTY, AGED 60 YEARS, RAHAMATH MAZIL, KOTTANCHERRY, P.O.KANHIRODE, KANNUR DISTRICT. 2. C.P.ABDULLA S/O. MOIDU, AGED 40 YEARS, RAHAMATH MANZIL, KOTTANCHERRY, P.O.KANHIRODE, KANNUR DISTRICT. 3. C.P.SAINABA D/O. MOIDU, AGED 39 YEARS, DO. DO. 4. C.P.JAMEELA D/O. MOIDU, AGED 38 YEARS, DO. DO. DO. 5. C.P.NAFEESSA D/O. MOIDU, AGED 35 YEARS, DO. DO. DO. 6. C.P.SUBAIDA D/O. MOIDU, AGED 32 YEARS, DO. DO. 7. C.P.NOORJAHAN D/O. MOIDU, AGED 27 YEARS, DO. DO. 8. C.P.FATHIMA D/O. MOIDU, 24 YEARS, DO. DO. 9. SARUMMA D/O. MAMMU, ULAKUNNON HOUSE, MUZHAKUNNU AMSOM, DESOM. 10. SHAMEEMA D/O.MOIDU, AGED 25 YEARS, DO. DO. MACA NO.771/2003 11. SHAMSEELA (MINOR) REP.BY GUARDIAN SARUMMA, DO. DO. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: ------------- *1. S.A.MURALIDHARA S/O. RANANDA RAO, MUDDYAKKAL HOUSE, P.O.BAKEL, KASARAGOD DISTRICT. (DELETED) (* THE NAME OF R1 IS DELECTED FROM THE PARTY ARRAY AS PER ORDER DATED 11/03/2008 IN I.A.NO.567/08) 2. B.YOGESH PRABHU S/O. B.D.L.PRABHU, LAKSHMI NIVAS, AJANUR, P.O.BALLIKOTH, KANHANGAD, KASARAGOD. 3. UNITED INDIA INSURANCE CO.LTD., P.B.NO.29, RAHMATH SHOPING COMPLEX, KOTTANCHERRY, P.O.KANHANGAD, KASARAGOD. BY ADV. SRI.P.JAYASANKAR FOR R3 SRI.T.K.VIPINDAS FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- MACA No. 771 of 2003 --------------------------------- Dated, this the 25th day of June, 2008 J U D G M E N T Ramachandran Nair, J. Heard learned counsel for the appellants and learned counsel appearing for the Insurance Company. 2. It is seen that MACT awarded Rs.50,000/- only as compensation for the death of the person, on whom the claimants were stated to be dependents on the ground that employment or earnings were not proved. However, learned counsel for the appellants brought to our notice that Clause (6) of 2nd Schedule to the Act provides for fixation of annual income at Rs.15,000/- for the cases, where evidence of employment or earnings are not proved. The victim was stated to be engaged in business in Madras. If the gross earning is fixed at Rs.15,000/-, probably there will be net earning of Rs.10,000/- for the dependents after meeting personal expenditure of the deceased. We, therefore, allow the appeal in part by modifying the award by fixing the compensation based on a net income at Rs.10,000/- and by applying the multiplication factor at 8 as victim's age was stated to be below 60 years that is by MACT No.771/2003 -2- increasing the compensation awarded for loss of dependency from Rs.50,000/- to Rs.80,000/-. Interest also will be payable on the additional amount awarded by us @ 7.5%. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg