IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 MACA.No. 848 of 2006() ---------------------- OPMV.1568/2001 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S)/PETITIONERS ------------------------------------ 1. GEORGE PAILY, S/O. PAILY, RESIDING AT MANIYATHU HOUSE, PALAMATTOM P.O., KOTHAMANGALAM. (FATHER OF THE DECEASED.) 2. LEELA GEORGE, W/O. GEORGE, RESIDING AT MANIYATHY HOUSE, PALAMATTOM P.O., KOTHAMANGALAM. (MOTHER OF THE DECEASED.) 3. RIJA THOMAS, W/O. THOMAS, RESIDING AT PAZHAKKARA HOUSE, PALAMATTOM P.O., KOTHAMANGALAM. (SISTER OF THE DECEASED). BY ADVS. SMT.ANNIE PAUL SRI.PHILIP J.VETTICKATTU RESPONDENT(S)/ RESPONDENTS -------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRIVANDRUM. 2. J.BABU, S/O. GEORGE, VADAKKEVEEDU HOUSE, ARYASALLONAM, PERUMBAZHATHUR DESOM, NEYYATTINKARA, MARANALLOOR VILLAGE. 3. THE BRANCH MANAGER, THE NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, P.B.NO.434, ST.JOSEPH'S PRESS BUILDING, VAZHUTHACADU, TRIVANDRUM. 4. K.K.ASHRAF, KALLOOKKADAN, PARAMBIL HOUSE, CHENGAMANAD. 5. THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO. LTD., KOTHAMANGALAM. ADVS. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC FOR R1 SRI.LAL GEORGE FOR R3 SRI.P.V.JYOTHI PRASAD FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 848 OF 2006 --------------------------------------------------------- Dated this the 16th October, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of the son of appellants 1 and 2 in a road accident. 2. We have heard counsel appearing for the appellant and Standing Counsel appearing for the Kerala State Road Transport Corporation. The main grievance of the appellants is against the low income fixed by the Motor Accidents Claims Tribunal, Muvattupuzha for determining compensation for loss of dependency. We find force in this contention because the deceased was aged 23 years at the time of the accident and had a driving licence. This obviously means that he would have been able to work as a driver and earn a minimum of Rs.3,000/- per month. Even after deducting one-third towards personal expenses, there will be a net loss of Rs.2,000/- per month. Even though counsel for the respondents submitted M.A.C.A. NO. 848/2006 2 that there will be a further reduction towards loss of dependency after marriage, we do not think any special reduction is called for on that account since we reckon the net income only at Rs.2,000/- per month. Accordingly, we refix compensation for loss of dependency by reckoning the annul income at Rs.24,000/- and applying the correct multiplier of 13 based on the age of appellants 1 and 2, they will be entitled to get Rs.3,12,000/- as against Rs.1,80,000/- granted towards loss of dependency. Additional compensation will carry interest at the rate of 7 1/2 % per annum from the date of application till date of deposit. The appeal stands allowed to the above extent. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO. 848/2006 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 848/2006 JUDGMENT 16th October, 2008 M.A.C.A. NO. 848/2006 4