IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 MACA.No. 243 of 2006() ---------------------- OPMV.2296/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): APPELLANTS/PETITIONERS IN OPMV. --------------------------------------------- 1. MRS.PRINCY, AGED 38, W/O.M.R.OUSEPH, MOOTHEDAN HOUSE, AYATHUPADY KARA, KOOVAPPADY VILLAGE. 2. JOAL, AGED 8, MR.M.R.OUSEPH, MOOTHEDAN HOUSE, AYATHUPADY KARA, KOOVAPPADY VILLAGE, MINOR REPRESENTED BY HIS MOTHER AND NEXT FRIEND MRS.PRINCY, W/O.M.R.OUSEPH. 3. RAPPEL, AGED 64, S/O.MR.OUSEPH, KOOTHEDAN HOUSE, AYATHUPADY KARA, KOOVAPPADY VILLAGE. 4. ALIYA, AGED 63, W/O.MR.RAPPEL, MOOTHEDAN HOUSE, AYATHUPADY KARA, KOOVAPPADY VILLAGE. BY ADV. SRI.T.K.RADHAKRISHNAN RESPONDENT(S): --------------- 1. JYOTHISHKAR V.K. S/O.K.G.KRISHNANKUTTY, KUPPAKKARATHADATHIL HOUSE, VEMBALLY BHAGOM, KANAKKARY VILLAGE, KOTTAYAM DISTRICT 686 633. 2. SR.K.C.MATHEW, MUNDACKAL HOUSE, KADAPPOOR, VATTUKULAM PO, KOTTAYAM 686 596. 3. THE NEW INDIA ASSURANCE CO.LTD., POOZHIKKALA BUILDING, M.C.ROAD, ETTUMANOOR 686 631 R3 BY ADV. SRI.N.S.MOHAMMED USMAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 243 OF 2006 -------------------------------------------- Dated this the 15th day of October, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the death of 36 years old person, a graduate and Accountant by profession. Appellants are wife, child and parents of the deceased. The main ground raised in the appeal is that income fixed inspite of specific evidence of salary certificate from the employer and partnership deed towards business carried on by the deceased, MACT fixed the income at Rs. 2000/- per month. We find force in this contention because the deceased was a commerce graduate who was employed as an Accountant. Even though there is no proof about business income earned by him, we feel considering his education, experience and the proof of employment as Accountant, at least an amount of Rs. 4500/- per month should be fixed which itself in our view is very modest. After deducting one-third towards personal expenses, loss of 2 dependancy will be Rs. 3,000/- per month. Consequently appellants will be entitled to compensation for loss of dependancy at Rs. 5,76,000/- as against Rs. 2,56,000/- granted by the MACT. No other modification is called for in the award under other heads. The insurance company is directed to deposit additional compensation with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3