IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 MACA.No. 421 of 2004() ---------------------- OPMV.2609/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANTS-PETITIONERS --------------- 1. PADMAVATHI, KARUPPETHARA HOUSE, CHEMMANATHU KARA, VAIKOM. 2. RENUKA, VATTAPPARAMBIL HOUSE, T.V.PURAM.P.O., VAIKOM. 3. REMA, CHANUVELIL HOUSE, -DO- -DO- 4. BAIJU @ UTHAMAN, KARUPPATHARA, CHEMMANATHUKARA P.O., VAIKOM VILLAGE, VAIKOM. 5. MINI, -DO- -DO- 6. YAMUNA, -DO- -DO- 7. SHEEBA, -DO- -DO- 8. SHIBU, -DO- -DO- BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS: RESPONDENTS: ------------------ 1. KUNJU MOIDEEN, S/O. KHADER, ACOTH HOUSE, IRIKKUR P.O., KANNUR. 2. RAJENDRAN, S/O. NANU, MANACKAL HOUSE, ULLALA KARA, THALAYZZHAM, VAIKOM. 3. THE UNITED INDIA INSURANCE CO.LTD. PAYYANNUR REPRESENTED BY ITS MANAGER. BY ADV. SMT.P.A.REZIYA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- M.A.C.A.No.421 of 2004 ------------------------------- Dated this the 1st February, 2008. J U D G M E N T The legal representatives of a 60 year old man, Appu, who were the petitioners in O.P.(M.V.) No.2609/1994, on the file of the Motor Accidents Claims Tribunal, Kottayam, are the appellants herein. Appu along with some other persons were walking along the road. A lorry bearing Registration No. KRP 9963, driven by the second respondent, came and hit against them. Appu was sandwiched between the coconut palm and lorry and sustained serious injuries. While undergoing treatment in the Medical College Hospital, Kottayam, he succumbed to the injuries. Appellants filed a claim petition claiming compensation of Rs.2 lakh. The Tribunal took the income of the deceased as Rs.1500/=. One-third of the same was deducted for personal expenses. So, the annual income was taken as Rs.12,000/=. Five was taken as the multiplier. Accordingly, the dependency was calculated as Rs.60,000/=. M.A.C.A.No.421/2004 2 2. Considering all aspects of the matter, I am of the view that the income of the deceased ought to have been taken as Rs.2000/=. After deducting one-third for the personal expenses, the annual income will come to Rs.16,000/=. Using five as the multiplier, the loss of dependency will come to Rs.80,000/=. The Tribunal had awarded only an amount of Rs.60,000/=. So, the appellants are entitled to get Rs.20,000/= more on that count. I do not find any reason to modify the amount awarded on other counts. In the result, the appeal is allowed in part. An award is passed allowing the appellants to recover an amount of Rs.20,000/= as additional compensation from the third respondent, Insurance Company, with 7.5% interest from the date of petition, till the date of realisation. The 3rd respondent is directed to deposit the above amount in favour of the appellants. On deposit, the appellants can withdraw the amount. K.PADMANABHAN NAIR, JUDGE nj.