IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MACA.No. 204 of 2003() ---------------------- OPMV.1421/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): APPELLANTS/PETITIONERS: ------------------------------------- 1. PILASSERY SUBAIDA, W/O. ABDUL LATHEEF AGED 38 YEARS. 2. HAIRUNNISA, D/O. ABDUL LATHEEF, AGED 22 YEARS. 3. HAFSAL, S/O. ABDUL LATHEEF, AGED 20 YEARS. 4. MAJEED, S/O. ABDUL LATHEEF, AGED 17 YEARS. 5. HASREENA, D/O. ABDUL LATHEEF, AGED 14 YEARS. 6. ABDUL NASAR, S/O. ABDUL LATHEEF, AGED 12 YEARS. 7. ABBAS, S/O. ABDUL LATHEEF, AGED 12 YEARS. 8. HABEED RAHMAN, S/O. ABDUL LATHEEF, AGED 9 YEARS. (APPELLANTS 4 TO 8 HEREIN ARE MINORS AND REPRESENTED BY THEIR MOTHER 1ST APPELLANT. ALL THE ABOVE APPELLANTS ARE RESIDING AT, CHAKKUMKADAVU HOUSE, P.O. KALLAI, KOZHIKODE). BY ADV. SRI.AVM.SALAHUDIN SMT.SMITHA.V. RESPONDENT(S): RESPONDENTS: --------------------------- 1. N. ABDUL MAJEED, S/O. MARAKKAR HAJI, NELLIKKATHODUVIL HOUSE, P.O. MUTHUVALLOOR, AREECODE, KONDOTTY (VIA.), MALAPPURAM. (OWNER OF BUS). 2. A. BEERANKUTTY, S/O. A. MOHAMMED, KILIKKAL HOUSE, AREECODE, MALAPPURAM (DRIVER OF BUS). 3. M/S. UNITED INDIA INSURANCE CO.LTD., MAVOOR ROAD, CALICUT (INSURER). ADV. SRI.BABU S. NAIR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.204 of 2003 .................................................................... Dated this the 17th day of November, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of husband of the first appellant who is father of the remaining appellants. We have heard counsel appearing for the appellants. 2. We find force in the contention of the appellants that the income of the deceased fixed at Rs.15,000/- per year is very low. Considering the fact that he was a headload worker, we fix the annual income at Rs.30,000/- and after deducting one third towards personal expenses, net annual income for fixation of compensation for loss of dependency is Rs.20,000/-. Applying the same multiplier the appellants will be entitled to compensation for loss of dependency at Rs.3 lakhs as against Rs.1.5 lakhs granted by the MACT. Besides this, we grant additional compensation of Rs.25,000/- to the children of the deceased towards loss of love and affection. The additional 2 compensation granted by us will carry interest at 7.5% p.a. from date of application till date of payment. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms