IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MACA.No. 321 of 2006() ---------------------- OPMV.1838/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S)/PETITIONERS: ------------------------------------ 1. SHYLAJA, W/O.LATE KABEER, RESIDING AT KUNNUMPURATH HOUSE, PERUMATTAM KARA VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK. 2. BADUSHA, S/O.LATE KABEER, 11 YEARS, MINOR REPRESENTED BY HIS NEXT FRINED AND MOTHER (GUARDIAN)SHYLAJA, W/O.LATE KABEER, RESIDING AT KUNNUMPURATH HOUSE, PERUMATTAM KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA. 3. AMARSHA, S/O.LATE KABEER, AGED 8 YEARS, MINOR, REPRESENTED BY HIS NEXT FRIEND AND MOTHER (GUARDIAN)SHYLAJA, W/O.KABEER, RESIDING AT KUNNUMPURATH HOUSE, PERUMATTAM KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK. 4. SAD EBRAHIM @ EBRAHIM. S/O.SAD, RESIDING AT KUNNUMPURATH HOUSE, PERUMATTAM KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK. 5. SHEREEFA, W/O.SAD EBRAHIM @ EBRAHIM, RESIDING AT KUNNUMPURATH HOUSE, PERUMATTAM KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK. BY ADVS. SRI.P.V.ELIAS SRI.MURALI MANOHAR.R RESPONDENT(S): RESPONDENTS -------------------------- 1. SAJAN SIMON, S/O.SIMON, RESIDING AT CHIRAKKATU HOUSE, EAST MARADY POST, MARADY VILLAGE, MUVATTUPUZHA. 2. K.B.CHANDRASEKHARAN NAIR, PANTHAMAVIL HOUSE, THAMPANIKKADU POST, KANJIRAPPALLY. 3. THE NEW INDIA ASSURANCE CO LTD., BANCH OFFICE, MUVATTUPUZHA. 4. BINOY NINAN, KAYYALAKKAKOM HOUSE, ELUMPURAM POST. 5. JOHNY T.V., S/O.VARGHESE, RESIDING AT POOVATHUNGATHAZHATHEL HOUSE, NEELOOR POST, KOTTAYAM. 6. THE ORIENTAL INSURANCE CO LTD., BRANCH OFFICE, MUVATTUPUZHA. 7. ABI SIMON, CHIRAKKATTU HOUSE, EAST MARADY POST, MARADY VILLAGE, MUVATTUPUZHA. ADV. SRI.LAL GEORGE FOR R3 SRI.P.JAYASANKAR FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 321 OF 2006 --------------------------------------------------------- Dated this the 12th day of November, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of the husband of the first appellant who is the father of appellants 2 and 3, remaining appellants being parents of the deceased. The deceased was 30 years of age at the time of accident and death. The Motor Accidents Claims Tribunal, Muvattupuzha found the insurer of the offending vehicle, which knocked down the motor cycle driven by the deceased , liable to pay compensation. Appellants have prayed for enhancement of compensation under all heads. 2. We find force in the contention of the appellants that income of the deceased fixed at Rs.1,500/- per month is very low. Even though counsel appearing for the Insurance Company submitted that no evidence was produced regarding income of the deceased, we feel a reasonable M.A.C.A. NO.321/2006 2 estimate is called for because deceased was stated to be a self employed man dealing in vehicles. A person of the age of 30 would be able to earn at least Rs.3,000/- per month whatever is the work he chooses to to. We, therefore, fix monthly income of the deceased at Rs.3,000/- and after deducting one-third towards personal expenses, we refix the compensation for loss of dependency by reckoning the net annual income at Rs.24,000/-. Therefore, appellants will be entitled to an additional compensation of Rs.2,16,000/- under this head. Considering the age of the first appellant and her small children, we enhance the compensation for loss of consortium and love and affection by another Rs.20,000/-. The additional compensation granted by us will carry interest at the rate of 7.5% per annum from the date of application till date of payment. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO.321/2006 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 321/2006 JUDGMENT 12th November, 2008