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 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MACA.No. 734 of 2006() ---------------------- OPMV.1575/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S)/PETITIONERS ------------------------------------ 1. T.K.GOVINDAN ACHARI, AGED 65 YEARS, SON OF KESAVAN ACHARI, RESIDING AT THAYAPPALLIVALI VEEDU, S.N.PURAM.P.O, CHERTHALA-688 582. 2. AMMU, AGED 56 YEARS, WIFE OF T.K.GOVINDAN ACHARI, RESIDING AT THAYAPPALLIVALI VEEDU, S.N.PURAM.P.O, CHERTHALA-688 582. BY ADVS. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.MANJUSHA MOHANDAS RESPONDENT(S)/RESPONDENTS: --------------- 1. DIXON JOHN, S/O.C.V.JOHN, CHIRAYIL HOUSE, L.F.C.ROAD, KALOOR, COCHIN-682 017. 2. THE ORIENTAL INSURANCE COMPANY LIMITED, PUTHENPURACKAL CHAMBERS, PALLURUTHY, COCHIN-6. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 734 OF 2006 --------------------------------------------------------- Dated this the 12th day of November, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of the son of the appellants. We have heard counsel for the appellants and Standing Counsel appearing for the Insurance Company. 2. We find some force in the contention of the appellants that the income of the deceased fixed at Rs.2,000/- per month is very low because the deceased was a Diploma holder in Electrical Engineering. Even though there may be an exaggeration in the salary certificate produced, we feel at least Rs.3,000/- should be fixed as the monthly income of the deceased at the time of accident and death. Even though counsel for the Insurance Company submitted that dependency of parents will get reduced after marriage of the deceased, we do not think any special deduction is called for because the income fixed by us for a diploma holder is very M.A.C.A. NO.734/2006 2 moderate. Therefore, compensation for loss of dependency applying the same multiplier will come to Rs.4,08,000/-. After deducting the amount already awarded by the Tribunal, the balance amount will come to Rs.1,36,000/- out of which 50% will be deducted towards contributory negligence and the appellants will be entitled to the balance amount of Rs.68,000/-. The Insurance Company is directed to deposit the additional compensation of Rs.68,000/- with interest at the rate of 7.5% per annum from the date of application till date of deposit. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO.734/2006 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 734/2006 JUDGMENT 12th November, 2008 M.A.C.A. NO.734/2006 4