IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 MACA.No. 517 of 2004 ------------------------------------ OPMV.2079/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): APPELLANTS/PETTIONERS --------------------------------------------------------------------- 1. THANKAMMA, AGED 50 YEARS, W/O. SADANANDAN, SARASWATHI MANDIRAM, WARD NO.VI, EZHUPUNNA PANCHAYAT 2. ANIL KUMAR, AGED 29 YEARS, S/O. SADANANDAN, SARASWATHI MANDIRAM, WARD NO.VI, EZHUPUNNA PANCHAYAT. BY ADV. SRI.BEPIN VIJAYAN RESPONDENTS / RESPONDENTS: ----------------------------------------------------- 1. P.G.RAMACHANDRA PAI, PAIPURAICKAL HOUSE, T.D.WEST ROAD, KOCHI-35. 2. K.K.AJAYAKUMAR, S/O. KUMARAN, KANIYAMPADIKAL HOUSE, AZAD ROAD, KALOOR, KOCHI. 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE - II, 1ST FLOOR, ENSIGN BUILDING M.G.ROAD, KOCHI-11. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.517 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of June 2010 JUDGMENT Basheer, J. Appellants sought compensation for the death of one Sadanandan, the husband of appellant No.1 and father of appellant No.2. Sadanandan died due to the injuries sustained by him in a motor accident that occurred on December 15, 1999. 2. According to the appellants, deceased Sadanandan was an electrician earning Rs.5,000/- per month. As against the claim of Rs.10,97,000/-, the Tribunal awarded Rs.2,08,000/- with 6% interest. For reckoning loss of dependency, the Tribunal took the monthly income of Sadanandan as Rs.2,000/-. However, Ext.A8 certificate issued by a contractor revealed that deceased Sadanandan had been getting Rs.5,000/- from his employment as electrician. 3. Anyhow, having regard to the entire facts and circumstances, particularly Ext.A8 certificate and also the oral testimony of appellant No.1, who was examined as PW1, we do not find any justification in reckoning his monthly income as Rs.2,000/-. In our view, Rs.3,000/- can be reasonably assessed as the monthly income that deceased Sadanandan might have been getting at the time of the accident. If we compute the loss of dependency on the basis of the monthly salary as referred to above, compensation payable M.A.C.A.No.517 OF 2004 :: 2 :: under that head would come to Rs.2,64,000/- in lieu of Rs.1,76,000/- as assessed by the Tribunal. Thus, the appellants are entitled to get an additional compensation of Rs.88,000/-. The Tribunal, in our view, has awarded just and reasonable amounts under the other heads. However, respondent No.3 shall be liable to pay interest at the rate of 7.5% from the date of petition till the date of realisation. Appeal is disposed of as above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes