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 FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 MACA.No. 1379 of 2004() ----------------------- OPMV.151/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): APPELLANTS ------------------------ 1. SASI @ MANIYAN, S/O.RAMANKUTTY, BINU BHAVAN, MELEKAVINPURAM, AAYAYIL, ARUVIPPURAM (PO), NEYYATTINKARA, TRIVANDRUM. 2. SREEMATHI, W/O.SASI @ MANIYAN, BINU BHAVAN, MELEKAVINPURAM, AAYAYIL, ARUVIPPURAM (PO), NEYYATTINKARA, TRIVANDRUM. 3. SASIKALA, D/O.SASI @ MANIYAN, BINU BHAVAN, MELEKAVINPURAM, AAYAYIL, ARUVIPPURAM (PO), NEYYATTINKARA, TRIVANDRUM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU SRI.VIMAL KUMAR.A.V. SRI.A.G.GIRISH KUMAR RESPONDENT(S): --------------- 1. SELVIN VIJAYAKUMAR, 20-29-A, PERUMPULLY, CHIRAYANKUZHY, KANJIRAMCODE, VILAVANCODE, KANNIYAKUMARI DISTRICT. 2. ROBINSON, NANDANCAUD, KANNIYAKUMARI DISTRICT, TAMIL NADU. 3. K.SANALKUMAR, VINU BHAVAN, KAKKATHOOKKY, KOOTHALI (PO), NEYYATTINKARA, TRIVANDRUM. 4. THE NEW INDIA ASSURANCE COMPANY LIMITED, DIVISIONAL OFFICE NO.GANDHARIAMMANCOIL ROAD, PULIMOODU, TRIVANDRUM. ADV. SRI.PMM.NAJEEB KHAN FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C.K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 1379 OF 2004 -------------------------------------------- Dated this the 23rd day of January, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the death of the son of appellants 1 and 2 who was the brother of the third appellant. We have heard counsel appearing for the appellants and standing counsel appearing for the insurance company. 2. The only son of appellants 1 and 2 died in a motor accident which is collision between a motor bike which he was driving and a mini bus. Victim died soon after the accident. He was aged only 26 years of age and was a salesman in a textile shop. Since the accident occurred on 5.12.2000 the income adopted at Rs. 2000/- is very low. We estimate the income of the deceased at Rs. 3,000/- and after deducting one third towards his personal expenses Rs. 2,000/- per month will be available for determining the compensation for loss of dependency. MACT is right in finding that there will be reduction in 2 dependency for the parents after the marriage of the deceased which may happen when he would be around 30 years old. We therefore grant full compensation for dependency for the first four years and thereafter Rs. 1,000/- per month can be granted towards loss of dependency for the parents for the remaining period of the multiplier, which is 13. This will entitle the appellants for loss of dependency of Rs. 2,04,000/- as against Rs. 1,45,032/- granted by the MACT. Since the deceased was the only son of appellant 1 and 2 and the only brother of third appellant, we grant compensation of Rs. 15,000/- to appellants 1 and 2 and Rs. 10,000/- to the third appellant for loss of love and affection. Additional compensation granted by us will carry interest at 7.5 per cent per annum from the date of application till date of payment. Appeal stands allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (C.K. ABDUL REHIM) Judge. kk 3