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 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 MACA.No. 2086 of 2005() ----------------------- OPMV.2830/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANTS/PETITIONRS ----------------------------------- 1. MARY MATHEW, W/O.LATE C.K.MATHEW, CHIRAYIL PODIPARACKAL HOUSE, KOTHALA P.O., PAMPADY, KOTTAYAM. 2. DAISY ANNA MATHEW, D/O.LATE C.K.MATHEW, CHIRAYIL PODIPARACCKAL HOUSE, KOTHALA P.O., PAMPADY, KOTTAYAM . 3. DANIYA SUSAN MATHEW, D/O.LATE C.K.MATHEW, CHIRAYIL PODIPARACKAL HOUSE, KOTHALA P.O., PAMPADY, KOTTAYAM (APPELLANTS TWO AND THREE ARE MINORS AND ARE REPRESENTED BY THEIR MOTHER THE FIRST APPELLANT) BY ADV. SMT.KOCHUMOL KODUVATH RESPONDENT(S): RESPONDENTS 1 & 3 -------------------------------- 1. THANKAMMA GEORGE, MUNDAKAL HOUSE, INDUSTRIAL NAGAR, CHANGANASSERRY, KOTTAYAM. 2. UNITED INDIA INSURANCE CO LTD., CHANGANASSERY, KOTTAYAM. ADV. SRI.P.SANKARANKUTTY NAIR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 2086 OF 2005 -------------------------------------------- Dated this the 20th day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the death of husband of the first appellant in a road accident. The offending vehicle hit the jeep driven by the deceased from behind. The insurer is also found liable to pay compensation. The only question to be considered in the appeal is for enhancement of compensation. We find force in the contention of counsel for the appellants that the income fixed at Rs. 1500/- per month for a professional driver is very low. Even though counsel for the insurance company submitted that salary certificate is unbelievable, we feel rejection of salary certificate does not bar the court from estimating reasonable income. We refix the income of the deceased at Rs. 3000/- per month and after deducting one-third towards personal expenses, appellants will be entitled to compensation by reckoning net loss of dependancy at Rs. 2000/- per month. Applying 2 the same multiplier, appellants will be entitled to equal amount that is Rs. 1,92,000/- in addition to Rs. 1,92,000/- granted by MACT for loss of dependancy. We feel appellants are entitled to another Rs. 10000/- towards loss of consortium and loss of love and affection. Additional compensation of Rs. 2,02,000/- granted by us will carry interest at 7.5 per cent per annum 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