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 5TH AUGUST 2008 / 14TH SRAVANA 1930 MACA.No. 1217 of 2004() ----------------------- OPMV.1128/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANTS/PETITIONERS: ---------------------------------------- 1. MINIMOL, W/O.THANKAPPAN @ THANKACHAN, AGED 38 YEARS, RESIDING AT VALIAPLAKKIL VEEDU, KOOTHATTUKULAM VILLAGE, KOOTHATTUKULAM. 2. SARATHKUMAR V., S/O. THANKAPPAN, AGED 18 YEARS, VALIYAPLAKKIL VEEDU, KOOTHATTUKULAM VILLAGE, KOOTHATTUKULAM. 3. VISHNU, S/O. THANKAPPAN, AGED 14 YEARS, RESIDING AT VALIYAPLAKKIL, KOOTHATTUKULAM, MINOR, REPRESENTED BY MOTHER MINIMOL, W/O. THANKAPPAN, VALIYAPLAKKIL, KOOTHATTUKULAM AS NEXT FRIEND. 4. RAMAN, S/O. KUTTAN, AGED 79 YEARS, RESIDING AT VALIYAPLAKKIL, KOOTHATTUKULAM. 5. KAUSALYA, W/O. RAMAN, AGED 72 YEARS, RESIDING AT VALIYAPLAKKIL, KOOTHATTUKULAM VILLAGE, KOOTHATTUKULAM. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SMT.A.S.BEENU RESPONDENTS: RESPONDENTS: ------------------------- 1. SAJI SCARIA, PATTATHIL VEEDU, KARIKKATTOOR KARA, MUKKADA BHAGOM, MANIMALA VILLAGE, KOTTAYAM DIST. 2. VISWAMBARAN, S/O. NARAYANAN, ANCHANICAL VEEDU, VILANGAPPARA KARA, THIRUMARADY VILLAGE, MUVATTUPUZHA. 3. UNITED INDIA INSURANCE CO. LTD., MANICKANAMPARAMBIL BUILDING, LAYAM ROAD, TRIPUNITHURA. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.1217 of 2004 .................................................................... Dated this the 5th day of August, 2008. JUDGMENT Ramachandran Nair, J. The appeal is filed for enhancement of compensation for the death of husband of the first appellant. The jeep in which the deceased was traveling, hit an electric post which caused instant death of the deceased. The MACT has fixed annual income of the deceased at Rs.15,000/-, reduced one third therefrom for personal expenditure and awarded compensation for loss of dependency at Rs.1,50,000/-. While the appellants' case is that the deceased was engaged in aluminium fabrication work and was earning a good income, counsel for the Insurance Company submitted that there is no proof of employment or income for the deceased. We are of the view that a reasonable income has to be fixed taking into account the capacity of the deceased to earn income even as a daily wage earner. Since the deceased was only 42 years of age at the time of accident and death, we fix the annual income excluding personal expenses at rupees fifteen thousand. Applying the same multiplier, the appellants are entitled to compensation for loss of dependency at rupees two lakh twenty five thousand(Rs.2,25,000/-) as 2 against Rs.1,50,000/- awarded by the MACT. We direct the Insurance Company to deposit additional compensation with interest at 7.5% p.a. from date of application till date of deposit. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms