IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 MACA.No. 33 of 2004() --------------------- OPMV.483/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. KARTHIYANI W/O ONCHY, THEKKEPANTHALATTU HOUSE, THALAPPARA THALAYOLAPARAMBU, KOTTAYAM. 2. LEELA T.O. D/O., ONCHY, DO. DO. 3. OMANA T.O. D/O. DO. DO. DO. 4. MINI T.O. DO. DO. D/O. DO. BY ADV. SRI.MATHEW JOHN (K) RESPONDENT(S): RESPONDENTS -------------------------- 1. AJAYKUMAR C.K. S/O. KUMARAN CHENAPPALLIL HOUSE, PALLIPURAM CHERTHALA, ALAPPUZHA DISTRICT. 2. P.K.CHITHRA BHANU, NAVAJEEVAN ANNANKUNNU, KOTTAYAM. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, CHERTHALA, ALAPPUZHA DISTRICT. ADV. SRI.FAIZAL P.LATHEEF FOR R2 SRI.SUJESH MENON V.B. SRI.M.S.KALESH FOR R2 SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 33 OF 2004 -------------------------------------------- Dated this the 11th day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the death of first appellant's husband in a motor accident. It is clear from the award that there was no insurance policy for the vehicle as on the date of the accident and policy is seen renewed on the next day of the accident. Therefore recovery is ordered against respondents 1 and 2. Appellant's case is that income of the deceased fixed at Rs. 1,500/- per month for the purpose of awarding compensation for loss of dependancy is too low. We find some force in this contention because even as a casual labourer, appellant would have been able to earn at least Rs. 2,250/- per month. We therefore increase the compensation for loss of dependancy by applying monthly income of Rs. 2,250/- and after deducting one- third therefrom, the net loss of dependancy has to be worked out by taking monthly income at Rs. 1500/-. Consequently appellant will be 2 entitled to additional compensation of Rs. 48,000/- under this head. Additional compensation will carry interest at 7.5 per cent per annum from the date of application till date of deposit. Recovery will be made against respondents 1 and 2. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3