IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 MACA.No. 105 of 2004() ---------------------- (AGAINST THE JUDGMENT IN OPMV.335/1997 DATED 26/05/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA) .................... APPELLANT(S): APPELLANTS/PETITIONERS IN OP (MV) ----------------------------------------------- 1. SUNDARI AMMA, W/O.DIVAKARAN NAIR, THRIKKASSERRY HOUSE, KODAKARA.P.O., MUKUNDAPURAM TALUK. 2. SASIDHARAN, S/O.LATE DIVAKARAN NAIR, -DO- -DO- 3. BABU, S/O.LATE DIVAKARAN NAIR, -DO- -DO- 4. SHAILAJA, D/O.LATE DIVAKARAN NAIR, -DO- -DO- 5. SAJEEV, S/O.LATE DIVAKARAN NAIR, -DO- -DO- 6. SHEELA, D/O.LATE DIVAKARAN NAIR, -DO- -DO- BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS OM OP (MV) ------------------------------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. C.C.GEORGE, S/O.CHAKKUNNI, CHALISSERRY HOUSE, CHETTUPUZHA DESOM, THRISSUR (C/O. MANAGING DIRECTOR, K.S.R.T.C), THIRUVANANTHAPURAM.) ADV. SRI.JAMES KOSHY.N., SC. KSRTC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.A.C.A. No. 105 of 2004 --------------------------------- Dated, this the 2nd day of September, 2008 J U D G M E N T Ramachandran Nair, J. The appeal is filed for enhancement of compensation awarded for the death of husband of the first appellant, who is father of the remaining appellants. The deceased was stated to be workshop employee at the time of death. Since there was no proof of income, MACT adopted monthly income at Rs.1,500/- and after deducting 1/3rd towards personal expenses, compensation for loss of dependency is fixed at Rs.96,000/-. Even though, there is no evidence with regard to the income, we feel, monthly income has to be estimated reasonably based on maintenance expenditure for the family the deceased was maintaining. Therefore, we fix the income after meeting personal expenses at Rs.1,500/- per month. Consequently, loss of dependency is refixed at Rs.1,44,000/- as against Rs.96,000/- fixed by the MACT. Besides this, we increase the compensation for pain and suffering and for loss of consortium to the first M.A.C.A.No.105/2004 -2- appellant by another Rs.12,000/- making the total enhancement to Rs.60,000/-. The KSRTC will deposit the additional compensation with interest @ 7.5% from the date of application till the date of payment. The appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg