IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 MACA.No. 558 of 2006() ---------------------- OPMV.517/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANTS/PETITIONERS: ------------------------------------ 1. AMINA, W/O.LATE MOHAMMED, AGED 54, RESIDING AT MUTTENGADAN HOUSE, CHUNGATHARA.P.O. 2. ABDUL SAMAD, AGED 32, S/O.DECEASED MOHAMMED, DO. DO. 3. ABDUL RASHEED, AGED 30, S/O. DO. DO. 4. HAFSATH, AGED 27, S/O. DO. DO. 5. MYMOONA, AGED 25, D/O. DO. DO. 6. SHIHABUDHEEN, AGED 25, S/O. DO. DO. 7. ALI, AGED 21 YEARS, S/O. DO. DO. 8. UMMER, AGED 19 YEARS, S/O. DO. DO. 9. USMAN, MINOR 16 YEARS, REP. BY GUARDIAN AMINA (APPELLANT NO.1), S/O. DO. DO. 10. THESNI, MINOR 12 YEARS, REP. BY GUARDIAN AMINA (APPELLANT NO.1), D/O. DO. DO. MINORS 9&10 REP. BY GUARDIAN AMINA (APPELLANT NO.1) ALL ARE RESIDING AT MUTTENGADAN HOUSE, CHUNGATHARA P.O. BY ADV. SRI.NOBLE MATHEW RESPONDENT(S): --------------- 1. V.P.ABOOBACKER, S/O.KUTTIYMAMMAD, VALIYAPEEDIKAKKAL HOUSE, P.O.MARUTHA, EDAKKARA. 2. AMMANKOLLAN ABDUL NAZER, S/O.AHAMMEDKUTTY, THUVAKKAL, P.O.PANNIPPARA (DRIVER). 3. THE NATIONAL INSURANCE COMPANY LTD., MANJERI. ADV. SMT.SARAH SALVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.558 of 2006 .................................................................... Dated this the 5th day of June, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of husband of the first appellant and father of the remaining appellants. We have heard counsel appearing for the appellants and Standing Counsel for the Insurance Company. In view of the evidence of payment of income tax by the deceased before his death at an annual income of Rs.47,000/-, we feel income of the deceased should be taken on an average at Rs.3,000/- per month and after deducting one third towards personal expenses, loss of dependency should be taken at a net income of Rs.2,000/- per month. This will entitle the appellants for Rs.3,12,000/- towards loss of dependency as against Rs.2,08,000/- granted by the MACT. Besides this, for loss of love and affection we grant a compensation of Rs.10,000/-. The additional compensation of 2 Rs.1,14,000/- granted by us will carry 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 C.K.ABDUL REHIM Judge pms