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 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 MACA.No. 158 of 2003() ---------------------- OPMV.1778/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): APPELLANTS/ PETITIONERS ------------------------------------- 1. BENAZIRA D/O. ABU, AGED 24 YEARS, MELEPURAVAN HOUSE, KARAKUNNU, THRIKKALANGODE 2. MARVAN, DO. DO. AGED 22 YEARS, DO.DO.DO. 3. SHAMEER DO, AGED 18 YEARS, DO.DO.DO. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): RESPONDENTS -------------------------- 1. AVUBHIPURATH SULAIMAN S/O. ABOOBACKER, P.O.KARAKKUNNU, MALAPPURAM DISTRICT.(DRIVER) 2. E.K. MOIDUTTY HAJI, S/O. ABDURAHIMAN, NAZEERA MANZIL, KARAKUNNU, MALAPPURAM DISTRICT (R.C.OWNER) 3. UNITED INDIA INSURANCE CO. LTD., MANJERI ADV. SRI.MATHEWS JACOB (SR.) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.158 of 2003 .................................................................... Dated this the 29th day of September, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed by children who lost their parents in a road accident. The compensation awarded for the death of mother of the appellants is accepted by them. However, appeal is filed for enhancement of compensation granted for the death of their father. We have heard counsel appearing for the appellants and Senior counsel Sri.Mathews Jacob, appearing for the Insurance Company. 2. The enhancement is sought for on the ground that income fixed for the deceased father of the appellants at Rs.2,100/- per month for the purpose of loss of dependency is low and unrealistic. Counsel contended that evidence produced in the form of salary certificate from the employer in Saudi Arabia proves employment of the deceased there as a worker for over three years. According to him, he died while on leave and would have rejoined duty thereafter. However, counsel for the Insurance Company submitted that mere employment certificate issued by a foreign employer is not believable and appellants have not produced further evidence to 2 corroborate their claim. During hearing, we collected copy of the Passport from the counsel for the appellants which indicates that deceased had left India in 1992 and returned in 1995. Since the entries in the Passport correspondent to the salary certificate, we feel the salary certificate is probably genuine. We do not know why proper documents like copy of NRI account, remittance made etc., were not made available by the appellants before the MACT. Considering all these, we feel fixation of wages of the deceased at reasonable rate will serve the ends of justice. We, accordingly, fix the monthly income of the deceased at Rs.4,500/- and after deducting one third towards personal expenses, Rs.3,000/- is fixed as net income for the purpose of fixation of compensation for loss of dependency. Applying the same multiplier, the appellants will be entitled to a total compensation of Rs.5,76,000/- as against Rs.2,68,800/- granted by the MACT. The Insurance Company is directed to deposit the additional compensation with interest at 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 HARUN-UL-RASHID Judge pms