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 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 MACA.No. 61 of 2003() --------------------- OPMV.1699/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... : APPELLANTS/PETTIONERS: --------------------------------------- 1. SUKUMARIAMMA, D/O. JANAKIAMMA, THEKKIDATHUPADINJATTATHIL, PANAYAMCHERRY, ANCHAL, KOLLAM DISTRICT. 2. SUNI K.P., S/O.LATE KRISHNA PILLAI, THEKKIDATHUPADINJATTATHIL, PANAYAMCHERRY, ANCHAL, KOLLAM DISTRICT. 3. SUMIS., D/O.LATE KRISHNA PILLAI, THEKKIDATHUPADINJATTATHIL, PANAYAMCHERRY, ANCHAL, KOLLAM DISTRICT. 4. ACHUTHANPILLAI, S/O. PADMANABHA PILLAI, KIZHAKKEKARA PUTHEN VEEDU, CHELAPPALLY, KOTTUKKAL, KOLLAM DISTRICT. BY ADV. SRI.V.R.REJITHKUMAR RESPONDENTS: ------------- 1. SHAHUL HAMEED, FATHIMA MANZIL, THAZHAMEL, ANCHAL. 2. SHAJU, S/O. YOHANNAN, SABU VILASOM, THAZHAMEL, ANCHAL. 3. M/S. ORIENTAL INSURANCE CO.LTD., EAST - THAMBANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No.61 of 2003 ----------------------------------------- Dated this the 15th day of September, 2008 JUDGMENT Ramachandran Nair .J, Heard counsel for the appellants and standing counsel appearing for the Insurance Company. This appeal is filed for enhancement of compensation for the death of a 35 year old labourer whose legal heirs are the appellants. The first contention raised by the counsel for the appellants is that the monthly income fixed at 1,200/- per month is too low. Apparently the deceased was a healthy person of 35 years and the claim of the appellants that the deceased was a skilled worker in digging wells, is undisputed. So considering the deceased's age and the prevalent income of a skilled labourer, we feel at least Rs.3,000/- can be fixed as gross income for the purpose of granting compensation under the head loss of dependency. We therefore re-fix the monthly income at Rs.2,000/- after deducting 1/3 towards personal expenses. Hence the appellants will be entitled to get compensation for loss of dependency taking the income at Rs.2,000/- per month. This will lead to increase of compensation for loss of dependency from Rs.1,53,600/- granted by the Tribunal to Rs. 3,84,000/- . The Insurance Company is directed to remit the additional compensation amount with interest at the rate of 7 ½ % per annum from the date of application till the date of payment . This appeal is allowed accordingly. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es -2- C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.A.C.A. No. 61 of 2003 ---------------------------- JUDGMENT 18th September , 2008