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 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 MACA.No. 1267 of 2005() ----------------------- OPMV.683/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): APPELLANTS (CLAIMANTS IN THE TRIBUNAL): ----------------------------------------------------- 1. VIJAYAN, AGED 35 YEARS, S/O. DANIEL, CHEMBAKATHIL (H), POOKKULAM ESTATE, K. CHAPPATHU, ANAVILASAM VILLAGE. 2. ROOTH, W/O. VIJAYAN, AGED 32, CHEMBAKATHIL (H), POOKKULAM ESTATE, K. CHAPPATHU, ANAVILASAM VILLAGE. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENT(S): (RESPONDENTS 2 & 3 IN THE TRIBUNAL): --------------------------------------------------- 1. SUMESH KUMAR P.V., PARACHALIL HOUSE, MYLACOMBU P.O., THODUPUZHA TALUK. 2. NATIONAL INSURANCE CO. LTD., THODUPUZHA P.O., THODUPUZHA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1267 OF 2005 -------------------------------------------- Dated this the 11th day of December, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the death of daughter of appellants, who died in a road accident at the age of 11 years. We have heard counsel appearing for the appellants. We find that compensation for loss of dependency is computed in a wrong fashion inasmuch as income adopted and multiplier applied are wrong. We fix the notional income at Rs. 1500/- per month which will entitle the appellants for loss of dependency on a net annual income of Rs. 12,000/- after deducting one third towards personal expenses from Rs. 18,000/-. The multiplier applicable for the second appellant considering her age is 17. This will entitle the appellants for compensation for loss of dependency for Rs. 2,04,000/- as against Rs.1,10,000/- granted by MACT. Additional compensation of Rs. 94,000/- granted by us will carry interest at 7.5 per cent per annum 2 from the date of application till date of payment. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3