IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 1ST JANUARY, 2009 / 11TH POUSHA, 1930 MACA.No. 744 of 2006 (OPMV.467/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA) .................... APPELLANTS/PETITIONERS: ---------------------------------------- 1. AMINA, W/O.LATE MOOSA, PEEDIKAKANDIYIL HOUSE, NEDUMKARANA, RIPPON P.O. 2. NABEESA, D/O.LATE MOOSA, DO. DO. 3. SAIFUNEESA, D/O.LATE MOOSA, DO. DO. 4. SAFOORA, D/O.LATE MOOSA, DO. DO. 5. YOOSUF, S/O.LATE MOOSA, DO. DO. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT/RESPONDENT NO.3: ------------------------------------------------- UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, P.B.NO.41, MAIN ROAD, KALPETTA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- M.A.C.A.No.744 of 2006 --------------------------------------------- Dated this the 1st day of January, 2009 J U D G M E N T Ramachandran Nair, J: This appeal is filed for enhancement of compensation for the death of the husband of the first appellant who is the father of the remaining appellants. 2. We have heard learned counsel for the appellants and have gone through the award. The case of the appellants is that the deceased was running a cycle shop earning substantial income and therefore, the income estimated by the M.A.C.T. at Rs.1500/- per month is very low. We find force in this contention because in the year 2001, when the accident happened which led to the death of the deceased, his income could be estimated at Rs.2250/- per month. After deducting one-third towards personal expenses, the appellant is entitled to compensation for loss of dependency by taking monthly net income at Rs.1500/-. This will entitle the appellant for additional compensation at Rs.78,000/-. We direct the insurance company to deposit the additional compensation with interest at the rate of 7.5% per MACA NO.744 of 2006 :-2-: annum from the date of application till the date of deposit. The award will stand confirmed on all other heads. The appeal will stand allowed to the above extent. C.N.Ramachandran Nair, Judge. V.K.Mohanan, Judge MBS/ MACA NO.744 of 2006 :-3-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. -------------------------------------------- M.A.C.A.NO. OF 200 -------------------------------------------- J U D G M E N T DATED: -1-2009 MACA NO.744 of 2006 :-4-: