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 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 MACA.No. 556 of 2004 ---------------------- OPMV.1865/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/PETITIONERS: ------------------------------ 1. MATRES LOUIS, W/O. LATE MAPRANATHUKARAN LOUIS, VARAKKARA P.O., MUKUNDAPURAM TALUK. 2. LEO LOUIS (MINOR), AGED 17 YEARS, S/O. LATE MAPRANATHUKARAN LOUIS, REPRESENTED BY HIS MOTHER 1ST APPELLANT, VARAKKARA P.O., MUKUNDAPURAM TALUK. 3. LIJO LOUIS (MINOR), AGED 15 YEARS, S/O. LATE MAPRANATHUKARAN LOUIS, REPRESENTED BY HIS MOTHER 1ST APPELLANT, VARAKKARA P.O., MUKUNDAPURAM TALUK. 4. ANTHONY, S/O. LATE MAPRANATHUKARAN LONAPPAN, VARAKKARA P.O., MUKUNDAPURAM TALUK. 5. THRESSIA, W/O. MAPRANATHUKARAN ANTHONY VARAKKARA P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS: ---------------------------------- 1. GEORGE PAUL, S/O. PAUL C. JOSEPH, CHITTAYAMMLIL HOUSE, IRINGOLE P.O., VIA. PERUMBAVOOR. 2. GOPI, S/O. KUTTAPPAN, KANJIRATHUMKUDIYIL HOUSE, THALKODE, AVANANGAD, KOTHAMANGALAM. 3. MANAGER, UNITED INDIA INSURANCE CO., BRANCH OFFICE, JASMINE BUILDINGS, XII/349, A.M. ROAD, PERUMBAVOOR. R3 BY ADV. SRI.P.R.RAMACHANDRA MENON, SC. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.556 of 2004 .................................................................... Dated this the 6th day of October, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation. We have heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. The main ground raised is that the salary of the deceased adopted for the purpose of compensation for loss of dependency is low. Counsel has relied on salary certificate issued which shows that the deceased was having a salary of Rs.8,641/- per month. However, counsel for the Insurance Company pointed out that in the claim petition as well as in the appeal, monthly salary of the deceased at the time of death was stated to be only Rs.7,000/-. Deceased was an employee of a small bank by name Dhanalakshmi Bank and he was in the clerical cadre. The MACT adopted the monthly salary as Rs.8,000/- and granted compensation based on it. We do not find any ground to interfere with the amount of compensation granted for loss of dependency because as against the 2 claim of Rs.7,000/- as monthly income, MACT has followed the certificate and taken the monthly income at Rs.8,000/-. Therefore, this ground is rejected. However, for loss of love and affection and for loss of consortium, we grant an additional compensation of Rs.10,000/-. The Insurance Company is directed to deposit the said amount with interest at 7.5% p.a. from date of application till date of payment. The appeal stands allowed to the limited extent indicated above. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms