IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 MFA.No. 423 of 2003() --------------------- OPMV.2674/1994 of M.A.C.T.,KOZHIKODE .................... APPELLANTS: PETITIONERS: ----------------------- 1. V.NARAYANI, AGED 55 YEARS, W/O. LATE VISWANATHAN. 2. T.V.SHIBU, AGED 23 YEARS, S/O. LATE VISWANATHAN. 3. T.V.DEEPAK, AGED 20 YEARS, S/O. LATE VISWANATHAN. 4. UNNI AMMA, AGED 84 YEARS, W/O. CHATHUKUTTY. ALL RESIDINT AT LD 27, MEDICAL COLLEGE CAMPUS, CHELAVOOR AMSOM, MAYANAD DESOM OF KOZHIKODE TALUK. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: RESPONDENTS: ------------------------- 1. V.HAREENDRAN, S/O. ANDY VAIDYAR, NAMBRATH HOUSE, POST PERAVATTOOR, KOYILANDY TALUK, KOZHIKODE DISTRICT. 2. ABDURAHIMAN, AGED 37 YEARS, S/O.AYAMMEDKUTY, MOODATHU HOUSE, BALUSSERI MUKKU, PANANGAD AMSOM, KOYILANDY TALUK, KOZHIKODE DIST. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, P.B.NO.17, KALLINGAL BUILDING, MAIN ROAD, VATAKARA, KOZHIKODE. BY ADV. SRI.C.P.MOHAMMED NIAS FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.F.A. No. 423 OF 2003 -------------------------------------------- Dated this the 30th day of June, 2008 JUDGMENT Ramachandran Nair,J. This appeal is filed challenging the award of the MACT on the ground that compensation awarded for loss of dependency is too low. We have gone through the Tribunal's order and have heard counsel appearing for the appellants. We agree with the Tribunal that there is no evidence regarding income that the deceased was earning at the time of his death. However, it is seen from the award that respondent did not seriously deny the claim of the appellants that the deceased was running a textile shop. Even though there is no concrete evidence about the business carried on by the victim or the income that he was earning, we feel the income fixed by the Tribunal at Rs. 1500/- per month is too law because the victim was only 49 years of age and was stated to be at least in good health. Even if a person works as a shop assistant, he will earn more than Rs. 1500/- per month. Moreover it is 2 on record that the victim had a driving licence which entitles him to work as a driver at least. In the circumstances, we refix the monthly income at Rs. 3000/- as against Rs. 1500/- fixed by MACT. Consequently, by applying the same multiplier the compensation for loss of dependency will be refixed at Rs. 3,12,000/-. The insurance company is directed to deposit the additional compensation without any delay with rate of interest at 7.5 per cent per annum from the date of award by MACT till date of payment. M.F.A. is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3