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 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 MACA.No. 1244 of 2006() ----------------------- OPMV.2455/1997 of MACT, KOZHIKODE .................... APPELLANT(S): APPELLANTS/PETITIONERS 1 TO 4 ------------------------------------------- 1. M.K.SATHYABHAMA, AGED 38 YEARS, W/O.LATE BALAN NAIR @ BALAKRISHNAN NAIR, EDATHIL HOUSE, P.O. CHEROOPA, KOZHIKODE DISTRICT. 2. E.SMITHA, AGED 19 YEARS, D/O.LATE BALAN NAIR @ BALAKRISHNAN NAIR, EDATHIL HOUSE, P.O.CHEROOPA, KOZHIKODE DISTRICT. 3. E.MURALEEDHARAN, AGED 16 YEARS, D/O.LATE BALAN NAIR @ BALAKRISHNAN NAIR, EDATHIL HOUSE, P.O.CHEROOPA, KOZHIKODE DISTRICT. 4. E.SUMA, AGED 13 YEARS, D/O.LATE BALAN NAIR @ BALAKRISHNAN NAIR, EDATHIL HOUSE, P.O.CHEROOPA, KOZHIKODE DISTRICT. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): RESPONDENTS -------------------------- 1. E.K.MOIDEEN KOYA, AGED 26 YEARS, S/O.SAIDALAVI HAJI, E.K.S.MANZIL, KOVOOR AMSOM, P.O.MEDICAL COLLEGE, KOZHIKODE DISTRICE. 2. THE BRANCH MANAGER, M/S.UNITED INDIA INSURANCE CO. LTD., CHEROOTTY ROAD, KOZHIKODE. ADV. SRI.P.MURALEEDHARAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/12/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1244 OF 2006 -------------------------------------------- Dated this the 10th day of December, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the death of husband of the first appellant and father of remaining appellants 2 to 4. The main contention raised by counsel for the appellants is that income adopted for granting compensation for loss of dependency is very low. We find force in this contention of the appellants because even as a coolie, deceased would have been able to earn at least Rs. 2500/- per month. Consequently annual loss of dependency after deducting one- third towards personal expenses is Rs. 20000/-. Having regard to the age of the deceased who was 45 at the time of the accident, the correct multiplier is 15 as against 13 adopted by the MACT. By applying this multiplier, we enhance the compensation for loss of dependency from Rs. 1,56,000/- to Rs. 3 lakhs. Considering the age of the appellants, we grant compensation of Rs. 10000/- towards loss of love and affection 2 and loss of consortium. Additional compensation 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 as above. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3