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 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 MACA.No. 1610 of 2005() ----------------------- OPMV.1125/2001 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S)/PETITIONERS: ------------------------------------- 1. ALOYSIUS M., S/O. MATHIAS, THATTUVILA VEEDU, KANJIRACODE, KUNDARA, KOLLAM. 2. MARY AUGUSTINE, W/O. ALOYSIUS, DO. DO. BY ADV. SRI.S.ABDUL RAZZAK RESPONDENT(S)/RESPONDENTS: --------------- 1. D. RAJENDRAN, S/O. M.S. DURAI, 19TH, KOTHANTHARAMAN STREET, METTUPALAYAM. (REGISTERED OWNER OF LORRY BEARING REG.NO.T.N.28. U 5889). 2. SUNIL KUMAR, S/O. MANI, PARAKKATTU PARAMBIL, AYALUR. 3. THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD., METTUPALAYAM-641 301. (POLICY NO.650103/2001/63099566). ADV. SRI.E.M.JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 1610 OF 2005 --------------------------------------------------------- Dated this the 30th day of October, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of the only son of the appellants who died in a bike accident in the year 2001. 2. Counsel for the appellant contended that the monthly income adopted by the Motor Accidents Claims Tribunal, Kollam for fixing compensation for loss of dependency is very low considering the qualification of the deceased and the specialised job he was doing. According to counsel, the Tribunal ought to have accepted the salary certificate produced which shows the monthly income of the deceased as Rs.5,000/-. Standing Counsel for the Insurance Company, on the other hand, contended that the deceased was only an I.T.I. and considering his educational qualification, the income fixed at 3,000/- per month is quite reasonable. We do not think there is any need to precisely fix the income of the deceased at the time of his death because the claimants are his M.A.C.A.NO. 1610/2005 2 parents whose dependency from his son after marriage is only limited. The deceased was aged 30 years at the time of his death. Therefore, the Tribunal rightly assumed that there will be reduction in the dependency for parents after the marriage of the deceased within a short time of two years. Even accepting the claim of the appellants that monthly income of the deceased was Rs.5,000/-, dependency for the parents after marriage of the deceased can be a maximum of Rs.1,000/- per month. Considering this and the age of the appellants, we enhance the total compensation to Rs.2,00,000/- as against Rs.1,26,000/- granted by the Tribunal. 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. The appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A.NO. 1610/2005 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 1610/2005 JUDGMENT 30th October, 2008