IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 MACA.No. 1043 of 2004() ----------------------- OPMV.1183/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. M.INDIRA, W/O.DEVADAS, AGED 43 YEARS, `WHITE HOUSE', P.O.EACHOOR, KANNUR DISTRICT. 2. IDSON DEVADAS, S/O.DEVADAS, AGED 17 YEARS, (MINOR), `WHITE HOUSE', P.O.EACHOOR, KANNUR DISTRICT. 3. INDUJA DEVADAS, D/O.DEVADAS, AGED 13 YEARS (MINOR), DO. DO. (MINOR PETITIONERS 2 & 3 REP. BY MOTHER M.INDIRA, W/O.DEVADAS). 4. K.V.KALLYANI, W/O.CHANDUKUTTY NAIR, AGED 78 YEARS, GOURI SADAN, P.O.MAMBA, KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): --------------- NATIONAL INSURANCE COMPANY LTD., KANNUR. ADV. SMT.SARAH SALVY FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON 09/01/2009 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.N.RAVINDRAN, JJ. .................................................................... M.A.C.A. No.1043 of 2004 .................................................................... Dated this the 9th day of January, 2009. JUDGMENT Ramachandran Nair, J. The appeal is filed for enhancement of compensation for the death of husband of the first appellant who is the father of appellants 2 and 3 and son of the last appellant. Counsel for the appellants submitted that the net income adopted for grant of compensation is very low because deceased was earning Rs.5,000/- Dirhams per month in the middle-east. However, it is seen that MACT has taken monthly gross income at Rs.5,000/-, reduced 50% towards expenditure in the middle-east by the deceased and another one third towards expenditure in India. We do not think the principle adopted is tenable because deduction should be made only for personal expenses of the deceased. We feel dependency has to be granted on a rational basis because employment in the middle-east is not steady and there are lot of uncertainties about employment, earning etc. Moreover, substantial amount would have been spent by the deceased towards his expenditure there. Therefore, we have to estimate the net loss of 2 dependency for the wife and children in India and grant compensation based on the same. We feel a minimum of Rs.3,000/- should be fixed as net loss of dependency per month for the deceased. Considering the age of the deceased, multiplier applied namely, 15 is correct. Applying this multiplier on the income fixed by us, the appellants will be entitled to compensation for loss of dependency of Rs.5,40,000/-. Considering the age of the first appellant and the tender age of the minor children, we feel first appellant is entitled to compensation for loss of consortium and the other appellants for loss of love and affection. We grant a consolidated compensation of Rs.35,000/- as against Rs.20,000/- awarded by the MACT towards loss of consortium and love and affection to the appellants. The total additional compensation of Rs.2,55,000/- granted by us will carry interest at 7.5% p.a. from date of application till date of payment. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge P.N.RAVINDRAN Judge pms