IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 MACA.No. 783 of 2003() ---------------------- OPMV.1006/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANTS/PETITIONERS: ------------------------------------------ 1. PATHUTTY, POOZHIKUNNATH, AGED 43 YEARS,W/O.LATE MUHAMMEDALI, CHOLAYIL HOUSE, P.O. PUTHANANGADI,MALAPPURAM DIST. 2. SALMA, W/O. SHAMSUDHEEN, AGED 28 YEARS, NADAKAVIL HOUSE, PUTHANAGADI, MALAPPURAM DISTRICT, SISTER OF THE DECEASED. 3. SUHARA, W/O. KUNHU MOHAMMED, AGED 26 YEARS, KOZHIPALLIYIL HOUSE, P.O. PUTHANANGADI, MALAPPURAM DISTRICT, SISTER OF DECEASED. 4. SAMEER, S/O. MOHAMMEDALI, AGED 22 YEARS, CHOLAYIL HOUSE, P.O. PUTHANANGADI,MALAPPURAM DIST. 5. SHANAVAS, S/O. LATE MOHAMMEDALI, AGED 20 YEARS, CHOLAYIL HOUSE, P.O. PUTHANANGADI, MALAPPURAM DISTRICT (BROTHER OF DECEASED). BY ADV. SRI.BABU S. NAIR RESPONDENTS: RESPONDENTS: ------------------------------------------------ 1. RAVEENDRAN, S/O. AYYAPPAN, PUTHENVEETTIL HOUSE, ELANKUR P.O., DRIVER, MANJERI, MALAPPURAM DISTRICT. 2. M.VELAYUDHAN, S/O. GOVINDAN NAIR, SATHEESH NIVAS, P.O. ELANKUR, MANJERI (VIA), MALAPPURAM DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD., ARAFA BUILDING, MANJERI, MALAPPURAM DISTRICT. 4. MUSTAFA P.K., S/O. MOHAMMEDALI, CHOLAYIL HOUSE, P.O. PUTHANANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.M.A.GEORGE - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- M.A.C.A.No. 783 of 2003 B --------------------------------------------- Dated this the 9th day of July, 2008 J U D G M E N T Ramachandran Nair,J: Heard counsel for the appellants and Standing Counsel for the Insurance Company. 2. First appellant lost her son who is the brother of the other appellants in a motor accident. It is seen that as against the claim of Rs.3,50,000/-, the M.A.C.T. had awarded an amount of Rs.2,89,500/-. Even though the prayer in the appeal is for enhancement of compensation, counsel for the Insurance Company prayed for reduction of the same because of the mistake committed by the Tribunal in taking the monthly income at Rs.1400/- while awarding compensation for dependency without reducing one-third for personal expenses. We find that the Tribunal in principle upheld deduction of one-third towards personal expenses. However, compensation happened to be computed without actually reducing one-third. Even though we could correct the mistake even in the appeal MACA NO. 783 OF 2003 :-2-: filed by the claimants, in exercise of powers under Article 227 of the Constitution of India, we feel, the appellants' claim for wage increase deserves consideration. We, accordingly, refix the notional income of the deceased at Rs.2100/- per month because he was stated to be a driver and he was only 19 years of age at the time of death. Consequently, even after deduction of one-third, the monthly income has to be taken as Rs.1400/-. The appeal is accordingly disposed of with the above modification of the award, but without changing the total award amount. C.N.RAMACHANDRAN NAIR, Judge V.K.MOHANAN, Judge MBS/ MACA NO. 783 OF 2003 :-3-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. -------------------------------------------- I.T.A.NO. 81 OF 2000 ------------------------------------ MACA NO. 783 OF 2003 :-4-: J U D G M E N T DATED:17-6-2008 MACA NO. 783 OF 2003 :-5-: