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 26TH AUGUST 2008 / 4TH BHADRA 1930 MACA.No. 435 of 2005(B) ---------------------- OPMV.1499/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANTS/PETITIONERS: ------------------------------ 1. P.R. SAVITHRI, W/O. LATE RAGHU, PANAYADIYAN CHALLA, P.O. KANNIMARI, PERUMATTY VILLAGE, CHITTUR TALUK. 2. RATHISHNA, D/O. LATE REGHU, AGED 7 YEAR, (MINOR) REPRESENTED BY GUARDIAN AND NEXT FRIEND, MOTHER IST RESPONDENT DO. DO. 3. KAMALAKSHY, W/O. KANDAMJUTHU @ KANDANKUTTY, DO. DO. 4. INDIRA, D/O. KANDAMUTHU, DO. DO. 5. KRISHNARAJ, AGED 6 YEARS, S/O. LATE RAGHU, MINOR REPRESENTED BY GUARDIAN AND NEXT FRIEND, MOTHER, IST RESPONDENT. BY ADV. SRI.C.RAGHAVAN RESPONDENTS/RESPONDENTS: ---------------------------------- 1. R. JAGATHA, W/O. LATE KRISHNAN, 54-D-RAJA GANAPATHY STREET, ANNAPETTI, SALAM-3, TAMILNADU. 2. UNITED INDIA INSURANCE CO.LTD., 47 TRICHY, MAIN ROAD, SALEM, TAMILNADU. BY ADV. SRI.N.S.MOHAMMED USMAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2008,THE COURT ON THE SAME DAY DELIVERED PASSED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & V.K.MOHANAN, JJ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No. 435 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of August 2008 JUDGMENT RAMACHANDRAN NAIR,J Appeal is filed for enhancement of compensation awarded for the death of the husband of the first appellant who was the father of appellants 2 and 5, other appellants being mother and sister of the deceased. We have heard counsel appearing for the appellants and Standing Counsel appearing for the insurance company. 2. We find force in the contention of the appellants that the income of the deceased fixed is too low. The Tribunal has fixed the monthly income at Rs.1,950/- and after reducing his personal expenses the dependency amount comes to Rs.1,300/-. We feel the monthly income of Rs.3,000/- is only moderate and at least so much be fixed as income of the deceased, who was only 35 years of age at the time of accident and death. Accordingly, we re-fix the compensation for loss of dependency on the death of first appellant's husband to Rs.3,84,000/- as against Rs.2,49,600/- granted by the MACT. MACA No. 435/05 -:2:- Since the deceased had two minor children, we grant a compensation for loss of love and affection, a further sum of Rs.8,000/- making it into Rs.15,000/- as against Rs.7,000/- fixed by MACT. Insurance Company is directed to deposit the additional compensation awarded by us with interest at the rate of 7.5% per month from the date of application till the date of deposit. C.N.RAMACHANDRAN NAIR, JUDGE V.K. MOHANAN, JUDGE ttb