IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 MACA.No. 1126 of 2006() ----------------------- OPMV.3733/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANTS/CLAIMANTS ---------------------------------- 1. N.M.SUKUMARAN, AGED 66 YEARS, S/O.MANIAN. 2. PRABHAVATHY, AGED 63 YEARS, W/O.SUKUMARAN. 3. SANJAYAN, AGED 43 YEARS, S/O. DO. DO. 4. SAJINI, AGED 41 YEARS, D/O. DO. DO. 5. SABU, AGED 36 YEARS, S/O. DO. DO. ALL ARE RESIDING AT NIKARTHIL HOUSE, PUTHUVYPPU, VYPEEN, ERNAKULAM DISTRICT. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): --------------- 1. AYSHA BEEVI, W/O.MAJEED, PADMAKATTU HOUSE, MANNAM, NORTH PARAVUR. 2. JOSHY ALIAS JOSY, S/O.VARGHESE, KOLLAMPARAMBIL HOUSE, NORTH OF TEMPLE, ELAMKUNNAPUZHA P.O., ERNAKULAM DISTRICT. 3. UNITED INDIA INSURANCE CO.LTD., BY ITS MANAGER, MTPC OFFICE, VETTUKATTIL BUILDING, M.G.ROAD, KOCHI-16. ADV. SRI.SHAIJAN C.GEORGE FOR R2 SRI.JOHN VIPIN FOR R2 SMT.S.A.SHERLY FOR R2 SMT.SAJITHA GEORGE FOR R2 SMT.M.LALITHA NAIR FOR R3 SRI.P.L.DEVADAS FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & P.R. RAMACHANDRA MENON, JJ. ------------------------------------------------- MACA No. 1126 of 2006 ------------------------------------------------- Dated this the 9th day of February, 2009 JUDGMENT Basant,J. The claimants are the appellants. They had claimed compensation for loss suffered as a result of death of the deceased in a motor accident. The claimants are the appellants and the siblings of the deceased. A total amount of Rs.1,28,000/- has been awarded as compensation. Under the head of dependency, an amount of Rs.1,08,000/- was awarded. The appellants assail the award of only an amount of Rs.1,08,000/- as compensation for dependency. 2. The deceased was a young man aged about 27 years. He was allegedly employed and was running a provisions store. The Tribunal reckoned only an amount of Rs.1,000/- per mensem as the contribution for the initial period of 3 years and MACA No. 1126 of 2006 -: 2 :- anticipating that the deceased would have got married within that time, for the remaining period of 12 years, contribution was reckoned only at Rs.500/- per mensem. The learned counsel contends that the compensation awarded under the head of dependency is totally inadequate and insufficient. 3. Having considered all the relevant circumstances, we are inclined to agree with the learned counsel for the appellants. We accept that the monthly earning can safely be fixed at Rs.2,000/-. Deducting 1/3rd the balance can be reckoned as the contribution for the first five years immediately following the accident. For the remaining 10 years, 1/3rd can be reckoned as the contribution. So reckoned, the compensation payable shall be: 2000 x 2/3 x 12 x 5 = 80000 2000 x 1/3 x 12 x 10 = 80000 We are satisfied that the amounts awarded under other heads are absolutely reasonable and do not warrant appellate interference. The amount of compensation payable under the head of dependency is thus found to be Rs.1,60,000/-. 4. In the result: (a) This appeal is allowed. (b) The impugned award is modified. MACA No. 1126 of 2006 -: 3 :- (c) It is held that under the head of dependency appellants are entitled to a further amount of Rs.52,000/- as compensation. All other directions are upheld. Sd/- R. BASANT (Judge) Sd/- P.R. RAMACHANDRA MENON (Judge) Nan/ //true copy// P.S. to Judge MACA No. 1126 of 2006 -: 4 :-