IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 MACA.No. 1014 of 2004() ----------------------- OPMV.442/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONERS ----------------------------------- 1. VALSALA, W/O.SATHYAN, MOONADAN HOUSE, KORATTY SOUTH P.O., MUKUNDAPURAM TALUK, THRISSUR DIST. 2. M.S.SANOOP (MINOR), S/O.LATE SATHYAN, REP: BY MOTHER 1ST APPELLANT, DO. DO. 3. PAPPOO, S/O.KUTTAPPAN, DO. DO. 4. CHANDRIKA,W/O.PAPPOO, DO. DO. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS -------------------------- 1. P.C.VARKEY, S/O.CHACKO, PARAVATTIL HOUSE, NEDUMBASSERY, MEKKAD P.O. 2. DEVADASAN, S/O.RAMAN NAIR, PATHARAKUDIYIL HOUSE, PALLARIMANGALAM P.O. 3. MANAGER, ORIENTAL INSURANCE CO. TD; KALLOOKARAN SHOPPING COMPLEX, ANGAMALY. ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2008 THE COURT ON THE SAME DAY DELIVEREDTHE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 1014 OF 2004 -------------------------------------------- Dated this the 11th day of August, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellants and standing counsel appearing for the insurance company. The appeal is filed for enhancement of compensation. Counsel for the appellants contended that income fixed for the deceased at Rs. 1800/- is too low as he was a driver with heavy vehicle licence. However, employment certificate is not proved by examining the person who issued it. In any case, net income fixed at Rs. 1200/- is little low. We therefore increase net income by Rs. 100/- per month. Similarly considering the age of the deceased, the multiplier should have been 17 as against 16 applied. With these changes, the compensation for loss of dependency will workout to Rs. 2,65,200/- as against Rs. 2,30,400/- granted by the Tribunal. The insurance company is directed to deposit the additional compensation with interest at 7.5 per cent per annum from the date of application till 2 date of deposit. Out of the additional compensation awarded Rs. 5000/- each with interest thereon will go to parents and balance will be deposited in the name of the wife of the deceased. Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3