IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 MACA.No. 1947 of 2006() ----------------------- OPMV.549/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------- 1. LAKSHMI, W/O. LATE KANNAN, AGED 75 YEARS, MALIKAVALAPPIL, NAYAKS ROAD, KASARAGOD, KASARAGOD VILLAGE, P.O.KASARAGOD, KASARAGOD TALUK AND DISTRICT. 2. SREE DEVI, D/O. LATE KANNAN, AGED 45 YEARS, -DO- -DO- 3. VANI, D/O. LATE KANNAN, AGED 43 YEARS, -DO- -DO- 4. KAMALAKSHI, D/O. LATE KANNAN, AGED 41 YEARS, -DO- -DO- 5. SHYLAJA, D/O. LATE KANNAN, AGED 28 YEARS, -DO- -DO- BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): RESPONDENT NOS.3 & 6 ------------------------------------ 1. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, CHOWA BRANCH. 2. THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, CITY POINT, BUILDING PRESS CLUB JUNCTION, M.G.ROAD, KASARAGOD, P.O.KASARAGOD. SC FOR UNITED INDIA INSURANCE CO. SC FOR ORIENTAL INSURANCE CO. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1947 of 2006 .................................................................... Dated this the 5th day of February, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of son of the first appellant who is the brother of remaining appellants. The accident is a collision among three vehicles, two trucks and an autorickshaw. The deceased happened to be a passenger of the autorickshaw which was crushed in between two trucks going in the opposite direction. We have heard counsel appearing for the appellants and Senior counsel Sri.Mathews P. Jacob appearing for the second respondent-Oriental Insurance Company and Sri.Rajan P. Kalliath appearing for the first respondent-United India Insurance Company. 2. The first contention raised by counsel for the appellants is about the low income adopted for the deceased who was a carpenter. We find force in this contention because monthly income of Rs.1,500/- for a carpenter by profession is too meager and the accident itself happened in 2003. However, both counsel appearing for the Insurance 2 Companies contended that MACT by mistake adopted the multiplier with reference to age of the deceased which is not tenable. According to them, appeal would not have been filed by the Insurance Companies because the total compensation awarded probably would have been accepted by them. We agree with this contention because going by the age of the first appellant who is the mother of the deceased, the multiplier applicable is only 5. Even though counsel for the appellants submitted that all the remaining appellants are unmarried sisters of the deceased and the deceased was the sole bread winner for all the family members, we do not think grown up sisters can be treated as dependents of the deceased, though that may be the factual position. Therefore, we feel better course will be to retain the compensation awarded for loss of dependency undisturbed. However, we find force in the contention of the appellants that the compensation for loss of love and affection and for pain and suffering granted by the MACT are inadequate. Considering the fact that all the appellants are females who were depending on the deceased, we grant an additional compensation of Rs.25,000/- towards compensation for loss of love 3 and affection and a further sum of Rs.10,000/- towards compensation for pain and suffering. The additional compensation of Rs.35,000/- granted by us will carry interest at the same rate granted by the MACT on the original compensation amount. As in the case of the original award, the additional compensation also will be borne equally by the two Insurance Companies. Similarly, sharing of additional compensation among the appellants will also be in the same ratio fixed by the MACT. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms