IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 MACA.No. 11 of 2005() --------------------- OPMV.1925/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONERS: ------------------------------------ 1. VARKEY MATHEN, PEEDIKAPARAMBIL AMAYANNOOR P.O., KOTTAYAM. 2. MARIAMMA MATHEN, PEEDIKAPARAMBIL, AMAYANNOOR P.O., KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT(S): --------------- 1. SIJU. M.A., MAMPALLIL HOUSE, KONGANDOOR P.O., AYARKUNNAM VILLAGE, KOTTAYAM. 2. P.J. KURIAKOSE, PALATHINGAL HOUSE, SOUTH PARAVOOR P.O., TRIPUNITHURA, ERNAKULAM. 3. ORIENTAL INSURANCE COMPANY LIMITED, PUTHENPURACKAL CHAMBERS, PALLURUTHY, COCHIN-682 006. ADV. SMT.BEENA JOHN FOR R2 SRI.TOMY XAVIER PARAPPURAM FOR R2 SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.11 of 2005 .................................................................... Dated this the 21st day of August, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel for the Insurance Company. Prayer in the appeal is for enhancement of compensation for dependency. According to the counsel, the deceased was employed in a Co-operative Bank as a collection agent and certificate was produced from the President of the Society which shows that the income of the deceased was around Rs.3,000/-. However, counsel for the Insurance Company contended that the deceased was not an employee of the Bank and was only a collection agent and so much so, his income cannot be taken as a regular income. Moreover, the deceased was only an SSLC and was not qualified to get good job in life. In any case we feel income fixed at Rs.1,750/- per month is too low because even an unskilled worker earns more than this amount. We, therefore estimate the net monthly income of the deceased after deducting one third at Rs.1,500/- (rupees one thousand five hundred). Thus, the compensation awarded for loss of dependency is increased from Rs.1,82,000/- to Rs.2,34,000/-. The Insurance Company is 2 directed to deposit the additional compensation with interest at 7.5% p.a from date of application till date of deposit. Since the accident occurred in 2000, there will be direction to the MACT to release the full payment to the appellants immediately on deposit by the Insurance Company. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms