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 THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 MACA.No. 1486 of 2004() ----------------------- OPMV.500/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANTS/PETITIONERS: ------------------------------------ 1. KAMALAM W/O. KUNJU @ MANI, ERATTAKKAL, KALLADIKKODE P.O., MANNARKKAD TALUK. 2. KUNJU S/O. KUNJUNNI, AGED 55 YEARS, ERATTAKAL, KALLADIKKODE P.O., MANNARKKAD TALUK. BY ADV. SRI.C.RAGHAVAN RESPONDENT(S): RESPONDENTS: -------------------------- 1. THE MANAGER, PALAKKAD DAIRY, MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD., KALLEPPULLY, PALAKKAD. 2. UNNIKRISHNAN S/O. MUTHU, UZHA NIVAS, VALPARAMBU, PUDUPARIYARAM, PALAKKAD. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, CALICUT. 4. A SIVADAS, S/O. A.V.RAJAN, KAUSTUBAM WEST YAKKARA, PALAKKAD. 5. M.V.SATHEESH S/O. VARGHESE, MANAKKAL VEEDU, 3 ACRE, KARIMBA P.O. ADV. SRI.K.ANAND (A.201) FOR R1 SMT.LATHA KRISHNAN FOR R1 SRI.S.MAMMU, SC FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON 25/06/2009 PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ---------------------------------------------- M.A.C.A. No. 1486 of 2004 --------------------------------------------- Dated this the 25th day of June, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. 1. The parents of a youth aged 20 years, who died in a motor vehicle accident are the appellants. The accident occurred on 18.4.2002 when a Tanker Lorry hit against the motor cycle on which the deceased was travelling as a pillion rider. The Tribunal awarded a total compensation of Rs.2,65,000/-. According to the appellants the deceased was a Carpenter by profession and was earning income @ Rs.150/- per day. The 1st appellant, when examined as PW1, deposed that they belong to 'Asari' community and their hereditary occupation is Carpentry. Inspite, the Tribunal took monthly income of the deceased at Rs.2000/- only. After deducting 1/3rd of the amount for personal expenditure the dependency was calculated at Rs.16,000/- per annum. Since the deceased was unmarried, considering the age of the parents, the multiplier was adopted as 15 and an amount of Rs.2,40,000/- was awarded towards the loss of dependency. According to the appellants the amount of Rs.2000/- adopted as the monthly income of the deceased is highly unrealistic and inadequate. MACA.1486/04 2 2. We find some force in the contention of the appellants in this regard. After being convinced through evidence that the deceased was a Carpenter, the Tribunal could have adopted his monthly income at least @ Rs.3000/-. After deducting 1/3rd for personal expenditure, income for calculating loss of dependency ought to have been adopted as Rs.2000/- per month. Calculated on the above basis, the loss of dependency need be refixed at Rs.3,60,000/-. This will entitle the appellants for a further amount of Rs.1,20,000/-. Counsel for the appellants also contended that the rate of interest granted at 6% is highly unreasonable. We feel that it is only just and proper to increase the rate of interest awarded to 7.5%. In the result, the appeal is partly allowed enhancing the total compensation of Rs.2,65,000/- awarded by the Tribunal by further sum of Rs.1,20,000/-. Both the original amount as well as the additional amount of compensation will carry interest @ 7.5% per annum from the date of application till the date of payment. The 3rd respondent -Insurance Company is directed to make payment of the amount within a period of three months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb