IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 MACA.No. 355 of 2006() ---------------------- OPMV.36/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANTS/PETITIONERS: ------------------------------------- 1. REGINA LAWRENCE, W/O. LATE K.P.LAWRENCE, KALAPPURAKKAL HOUSE, WEST OF ST.LAWRENCE CHURCH, V.A.T. ROAD, EDAKOCHI, COCHIN-5. 2. SHILLY, D/O. LATE K.P. LAWRENCE, KALAPPURAKKAL HOUSE, WEST OF ST.LAWRENCE CHURCH, V.A.T.ROAD, EDAKOCHI, COCHIN-6. 3. JARVIN LAWRENCE, S/O.LATE K.P.LAWRENCE, KALAPPURAKKAL HOUSE, WEST OF ST.LAWRENCE CHURCH, V.A.T. ROAD, EDAKOCHI, COCHIN-5. BY ADV. SRI.C.V.MANUVILSAN SRI.G.SUDHEER (THURAVOOR) SRI.T.K.SUJITH RESPONDENT(S): RESPONDENTS: --------------------------- 1. P. RAMESH, MANAGING PARTNER, M/S. DIAMOND TRANSPORT CORPORATION, KARIKKAMURI CROSS ROAD, COCHIN-11. 2. RENNIKUTTAN, S/O. DOMINIC, KOTTILAKADU, KELTRON ROAD, AROOR P.O., CHERTHALA. 3. NATIONAL INSURANCE COMPANY LTD., REP. BY ITS REGIONAL MANAGER, REGIONAL OFFICE, MUTHOOT TOWERS, M.G. ROAD, COCHIN-35. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. .................................................................... M.A.C.A. No.355 of 2006 .................................................................... Dated this the 8th day of April, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of son of appellants 1 and 2 in a road accident. The deceased while walking on the road was knocked down by a lorry against the insurer of which MACT awarded compensation of Rs.2,15,000/-. We have heard counsel for the appellants and Standing Counsel appearing for the Insurance Company. 2. Counsel for the appellants produced copy of the partnership deed to show that deceased was a working partner in a firm engaged in photography. According to the appellants, the annual income of Rs.21,000/- taken by the MACT for the deceased is very low. However, Standing Counsel for the Insurance Company submitted that in the absence of any evidence MACT had to only adopt notional income which is Rs.15,000/- per year. We do not think there is any need to find out the exact income of the deceased because deceased 2 was an unmarried person and therefore, parents cannot claim full dependency for the entire period. Going by the age of the parents, the multiplier is 13. Since the deceased was 25 years of age at the time of accident, we feel full dependency can be granted to the parents for the first three years and thereafter atleast Rs.1,500/- per month can be fixed as loss of dependency for the parents together. Even though there is no evidence about the income of the deceased, we feel atleast Rs.3,000/- should be fixed as monthly income for the deceased and after leaving one third towards personal expenses, appellants are entitled to loss of dependency by taking into account the net monthly income of the deceased at Rs.2,000/-. Appellants will be entitled to Rs.72,000/- towards compensation for loss of dependency for the first three years and for the remaining period at the rate of Rs.1,500/- per month, which will work out to Rs.1,80,000/-. This will entitle the appellants for compensation for loss of dependency at Rs.2,52,000/- as against Rs.1,54,000/- granted by the MACT. Counsel for the appellants rightly pointed out that no compensation is granted for loss of love and affection for the parents and for the siblings of the deceased. 3 Considering the age of the deceased, we grant a compensation of Rs.15,000/- for loss of love and affection. Since the deceased died after four days of suffering in the hospital, we grant additional compensation of Rs.10,000/- for pain and suffering. The total additional compensation of Rs.1,23,000/- granted by us will carry interest at 7.5% p.a. from date of application till date of payment. Appeal stands allowed as above. C.N.RAMACHANDRAN NAIR Judge K.SURENDRA MOHAN Judge pms