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 6TH OCTOBER 2008 / 14TH ASWINA 1930 MACA.No. 1126 of 2004(D) ------------------------ OPMV.430/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANTS/PETITIONERS: ------------------------------------- 1. P.J. RAJEENA, W/O. MATHEW, AGED 37 YEARS, RESIDING AT MARIN, K.P. ROAD, PALLIKKUNNU, KANNUR-4. 2. MANU MATHEW PARAMBATE, S/O. MATHEW (MINOR) AGED 9 YEARS, RESIDING AT MARIN, K.P. ROAD, PALLIKKUNNU, KANNUR-4. 3. RINU MATHEW PARAMBATE, D/O. MATHEW, (MINOR) AGED 6 YEARS, (MINORS 2 & 3 REPRESENTED BY THEIR MOTHER THE 1ST PETITIONER). 4. MATHAI PARAMBATE, S/O. MATHAI, AGED 65 YEARS. 5. MARY MATHAI, W/O. MATHAI, AGED 60 YEARS, PETITIONERS NO.4 & 5 RESIDING AT PARAMBATE HOUSE, CHARIKODE P.O., CHARIKODE. BY ADV. SRI.RAJIT RESPONDENT(S): RESPONDENTS: --------------------------- 1.( K.P. ABDULLA, S/O. SOOPPY, CHERUTHAZHAM, P.O. MANDOOR, KANNUR.)* 2. ABDUL KAREEM K.V., S/O. IBRAHIM, KALLILAVALAPPIL HOUSE, KOVAPPURAM, KUNHIMANGALAM, P.O. KUNHIMANGALAM. 3. NATIONAL INSURANCE COMPANY LIMITED, KANNUR. * (1ST RESPONDENT IS DELETED FROM THE PARTY ARRAY, AT THE RISK OF THE APPELLANT AS PER ORDER DT.29.9.2005 IN I.A. NO.2886/2005.) ADV. SRI.M.V.AMARESAN FOR R2 SRI.V.N.RAMESAN NAMBISAN FOR R2 SRI.MATHEWS JACOB (SR.) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON 06/10/2008 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1126 of 2004 .................................................................... Dated this the 6th day of October, 2008. JUDGMENT Ramachandran Nair, J. The appeal is filed by wife, minor children and parents of the deceased for enhancement of compensation awarded by the MACT. Counsel has filed a statement to record the death of first appellant during pendency of appeal and about the second appellant becoming major. We accept the statement filed by the counsel and consequently order deletion of first appellant's name from the party array. The third appellant will stand represented by second appellant who will become first appellant in the records of the case. 2. The deceased who was father of the present appellants 1 and 2, was an I.T.I. holder and was stated to be employed in U.A.E. During leave in India he met with a road accident and died. Even though claimants produced Bank records, Passport, certificates obtained from employer etc. towards proof of foreign employment and earnings, MACT did not accept these documents, but estimated the monthly income at Rs.3,000/- and after deducting one third, balance was reckoned for computing compensation for 2 loss of dependency. Counsel for the appellants contended that the award is unsustainable because Tribunal could not have expected appellants to produce witnesses from abroad to prove salary certificate and other records produced. However, counsel for the Insurance Company pointed out that even the local Bank accounts produced were not proved by examining any official of the Bank. We have gone through copies of the records made available to us which show that deceased was maintaining NRI Account and was having sizeable deposits. It is also seen from the records that massive amounts are credited in the Bank accounts. There is no pattern of remittance of monthly income. However, if the records produced are true, then the case of the claimants that the deceased was employed abroad and was having a fairly good income is correct. In the normal course, we should remand the case to give an opportunity to the appellants to prove documents pertaining to foreign employment and income earned by the deceased. However, we feel at this distance of time i.e. after 11 years of death of the deceased and after death of wife of the deceased, it may not be possible for the two children one of whom is a minor and the other who just attained the age of majority, to produce records and establish their case. The deceased was admittedly only an I.T.I. holder and was a Technician employed in U.A.E. Employment in the middle-east is not very steady and in many 3 cases people are engaged on contract basis. Considering all these, we feel, in fairness, a monthly income of rupees nine thousand can be fixed for the deceased for the purpose of granting compensation for loss of dependency. Reckoning Rs.6,000/- i.e. after deducting one third towards personal expenses, appellants will be entitled to Rs.10,80,000/- towards compensation for loss of dependency. We accordingly modify the award by increasing compensation for loss of dependency from Rs.3,60,000/- to Rs.10,80,000/-. The Insurance Company is directed to deposit additional compensation with interest at 7.5% p.a. from date of application till date of deposit. We direct the MACT to apportion the amount among the legal heirs and order deposit of the portion payable to the children on long term basis in the District or Sub-Treasury so that they get monthly income for their studies and other needs. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms