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 27TH JANUARY 2009 / 7TH MAGHA 1930 MACA.No. 1165 of 2006() ----------------------- OPMV.642/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. REKHA SRIRANG UTHALE,AGED 33 YEARS, W/O.LATE SRIRANGA UTHALE, D/O.MANUMANTH POL. RESIDING AT KOTTIJ,KHURD,BIHIKWADE POST, KHANPUR TALUK,SANGLI DISTRICT,MAHARASHTRA. 2. ROSHINI UTHALE,AGED 14 YEARS, (DATE OF BIRTH 7-3-91) D/O.LATE SRIRANGA UTHALE.MINOR REP.BY MOTHER, NEXT FRIEND,PETR.NO.1 RESIDING AT KOTTIJ,KHURD,BIHIKWADE POST, KHANPUR TALUK,SANGLI DISTRICT,MAHARASHTRA. 3. MAYUR UTHALE,AGED 12 YEARS, (DATE OF BIRTH 27-4-94). MINOR,REPRESENTED BY MOTHER,NEXT FRIEND,PETR.NO.1,R/AT KOTTIJ, KHURD,BIHIKWADE POST,KHANAPUR TALUK, SANGLI DISTRICT, MAHARASHTRA. 4. NARAYANA BAPU UTHALE,AGED 70 YEARS, S/O.BAPU UTHALE. R/AT 5. DROPADA NARAYANA UTHALE, AGED 63 YEARS, W/O.NARAYANA BAPU UTHALE. (PETITIONERS 2 TO 3 ARE MINORS, REP.BY THEIR MOTHER, NEXT FRIEND,PETR.NO.1).PET.1 TO 3 ARE R/AT KOTTIJ,KHURD,BIHIKWADE POST,KHANAPUR TALUK, SANGLI DIST.MAHARASHTRA.PETS.4 & 5 ARE R/AT BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): --------------- 1. SAYYED KALANDAR, S/O.LATE SAYYED JAMAL, R/AT BAPU NAGAR, MUDUGERI POST, CHICKAMANGALUR, KARNATAKA STATE. 2. C.H.ABOOBACKER HAJI, S/O.ABDULRAHIMAN, P.W.D. CONTRACTOR, MUDIGERI HOUSE, MUDIGERI POST, CHICKAMANGALUR. 3. THE MANAGER, NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, PANDURANGA COMPLEX, CHICKAMANGALUR. ADV. SRI.M.SASINDRAN FOR R2 SRI.A.C.DEVY FOR R.3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1165 of 2006 .................................................................... Dated this the 27th day of January, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of husband of the first appellant, appellants 2 and 3 being minor children and remaining appellants, old parents of the deceased. We have heard counsel for the appellants and Standing Counsel for the Insurance Company. 2. Even though claim was filed under Section 166 of the Motor Vehicles Act and the MACT found negligence on offending vehicle, it is wrongly stated in the award that the claim is one under Section 163A. The main grievance of the appellants is about fixation of monthly income of the deceased at Rs.1,500/-. The deceased was 33 years of age at the time of accident and he was said to be a merchant dealing in ornaments in Maharashtra. However, appellants did not adduce any acceptable evidence except a certificate from the Panchayat. Even though evidence is not convincing, we feel the 2 income adopted at Rs.1,500/- is very low. We refix his monthly income at Rs.2,250/- which will leave a net income of Rs.1,500/- for determination of compensation for loss of dependency to the appellants. Applying the same multiplier, appellants will be entitled to an additional compensation of Rs.1,02,000/- under this head. Besides this, considering the age of the wife, minor children and the old parents of the deceased, we grant additional compensation of Rs.25,000/- towards loss of consortium, loss of love and affection and towards pain and suffering. The additional compensation granted by us will carry interest at 7.5% p.a. from date of application till date of payment. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms