IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 MACA.No. 922 of 2004 ---------------------- OPMV.1340/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/PETITIONERS IN OP(MV): ------------------------------------------- 1. ROSY DEVASSIKUTTY, W/O.DEVASSIKUTTY, KANNAMPUZHA HOUSE, NALUKETTU P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. VARGHESE, S/O. LATE DEVASSIKUTTY, -DO- -DO-. 3. SHAIBY, D/O. LATE DEVASSIKUTTY, -DO- -DO-. 4. SHANIL K.D, S/O. LATE DEVASSIKUTTY, -DO- -DO-. BY ADV. SRI.P.V.BABY RESPONDENTS/RESPONDENTS IN OP(MV): ---------------------------------------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. P.J.VARGHESE, S/O. P.P. JOSEPH, PARATHUR HOUSE, KALLATHANJUR, THRISSUR. R1 BY ADV. SRI.JAMES KOSHY.N., SC. KSRTC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.922 of 2004 .................................................................... Dated this the 6th day of October, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of husband of the first appellant who was the father of the remaining appellants. We have heard counsel appearing for the appellants and Standing Counsel appearing for KSRTC. 2. Even though deceased was a cooli by profession, we feel the monthly income fixed at Rs.1,500/- for loss of dependency is very low. We increase the same to Rs.2,250/- and after deducting one third towards personal expenses, net loss of dependency has to be worked out on an annual income of Rs.18,000/-. Besides this, going by the age of the deceased which is 52 years at the time of accident, the multiplier to be adopted is 11 as against 10 applied by the MACT. Applying this multiplier and taking the net income at Rs.18,000/- per year, appellants will be entitled to Rs.1,98,000/- towards compensation for loss of dependency as against Rs.1,20,000/- granted by the MACT. The 2 additional compensation granted by us will carry interest at the rate of 7.5% p.a. from date of application till date of payment. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms