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 WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 MACA.No. 1784 of 2005() ----------------------- OPMV.1499/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANTS: ------------------------- 1. AMINA, AGED 33 YEARS, W/O. PANNAKKAL MOIDEEN (LATE) KALLUVETTUKUZHI (HOUSE) PANG (POST), CHANDANA PARAMBA, KOLATHUR (VIA), MALAPPURAM DISTRICT. 2. THITHIUNNA, AGED 59 YEARS, MOTHER OF LATE PANAKKAL MOIDEEN, PANNAKKAL HOUSE, K. PURAM POST, THANALOOR (VIA), KERALA DEESAPURAM, MALAPPURAM DISTRICT. BY ADV. SRI.K.SHIBILI NAHA RESPONDENT(S): --------------- 1. PAYYAMPATTA SUDHEER KUMAR, AGED 39 YEARS, S/O. KRISHNADASSAN, SHEEBA NILAYAM, NEAR CONSWEL HOSPITAL RAMANATTUKARA POST, (DRIVR OF THE BUS). 2. KRISHNAN, S/O. KANDUNGI, KILLUNGIL HOUSE, IRRINGALLOOR, VENGARA POST, (R.C. OWNER OF BUS.) 3. UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICER, MAVOOR ROAD, KOZHIKODE POST. ADV. SRI.K.V.GOPINATHAN NAIR FOR R2 SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No.1784 of 2005 -------------------------------------- Dated this the 29th day of July, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. Wife and mother of a person who died in a motor vehicle accident, who were claimants before the Tribunal, are in appeal seeking enhancement of the compensation awarded. The deceased was a concrete worker at the age of 34 years at the time of accident. First appellant when examined as PW1 had deposed that the deceased was getting wages at the rate of Rs.160/- per day. But the Tribunal adopted notional income at Rs.2000/- per month and after deducting 1/3rd for personal expenses the annual income for the purpose of computation is taken as Rs.16,000/-. According to the appellants the income fixed by the Tribunal is highly unrealistic and too inadequate. 2. Considering the fact there is evidence to the effect that the deceased was a concrete worker, we are of the opinion that the income adopted by the Tribunal is on the lower side. We fix the gross monthly income of the deceased at Rs.2500/-, on a moderate estimate. After deducting 1/3rd for personal expenses the compensation for loss of dependency need be re-worked to MACA. 1784/05-G 2 Rs.3,40,000/- (2500 x 12 x 17 x 2/3). This will entitle the appellants for an additional sum of Rs.1,35,667/-. We also feel that the interest granted by the Tribunal at the rate of 6% need be increased to 7.5%. In the result, the appeal is partly allowed enhancing the total compensation of Rs.2,04,333/- awarded by the Tribunal by a further sum of Rs.1,35,667/-. The original amount of compensation as well as enhancement granted in this appeal will carry interest @ 7.5% per annum from the date of claim petition till payment. The 3rd respondent/Insurance company is directed to make payment of the amount within a period of 3 (three) months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb