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 TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 MACA.No. 1232 of 2004(D) ------------------------ OPMV.491/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): APPELLANTS/PETITIONERS. ------------------------------------- 1. JANAKI, W/O.LATE NARAYANAN. 2. KALPANA, D/O.LATE NARAYANAN. 3. MURALIDHARAN, S/O.LATE NARAYANAN. 4. RAMADAS, S/O.LATE NARAYANAN, ALL ARE R/A. CHERUPUSHPAM NILAYAM, KANNIMARY, PATTANCHERRY CHITTUR TALUK, PALAKKAD. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SMT.G.GEETHISHA RESPONDENT(S): RESPONDENTS. --------------------------- 1. PRAKASH, S/O.AONTONY R/A. VAZHAPPILLY HOUSE, VELATHUR, KUNNATHANGADI, KANJANI ROAD, THRISSUR DISTRICT. 2. PRASAD, S/O.HARISHANKAR PATTIL R.A. OHM VIDOBAR REGHUMAI APARTMENT, IST FLOOR, RAWTH LANE, JUJU ROAD, MUMABI. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, BRANCH OFFICE, MAHATMA GANDHI ROAD, FORT, MUMBAI 400 201. ADV. SRI.S.NIRMAL KUMAR FOR R2 SRI.KKM.SHERIF FOR R3 SRI.A.A.ZIYAD RAHMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 1232 OF 2004 -------------------------------------------- Dated this the 20th day of January, 2009 JUDGMENT Ramachandran Nair,J. We have heard counsel appearing for the appellants and standing counsel appearing for the insurance company. Appeal is filed for enhancement of compensation for the death of the youngest son of the first appellant who is widowed lady. Counsel for the appellants submitted that the deceased was working as an agent in toddy business and therefore his income estimated at Rs. 1500/- per month is very low. We find force in this contention because even as a casual worker, the deceased would have been able to earn gross monthly income of Rs. 2,250/- and after deducting one third towards his personal expenses, we refix the net monthly income at Rs.1500/- which will entitle the appellants for compensation for loss of dependency at Rs. 2,34,000/- as against Rs. 1,56,000/- granted by the MACT. Since interest granted by the MACT at 6 per cent per annum is very low, we increase the 2 interest to 7.5 per cent per annum. Additional compensation of Rs.78,000/- granted by us and the compensation originally granted will carry interest at 7.5 per cent per annum from the date of application till date of payment. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (C.K. ABDUL REHIM) Judge. kk 3