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 16TH OCTOBER 2008 / 24TH ASWINA 1930 MACA.No. 6 of 2005() -------------------- OP(MV).878/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): APPELLANTS ------------------------ 1. RETNAMMA PILLAI, W/O.SIVARAMA PILLAI, AGED 60 YEARS, SIVA BHAVAN, THOTTINU VADAKKU MURI, CHAVARA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. 2. USHA KUMARI, D/O.SIVARAMA PILLAI, AGED 31 YEARS, SIVA BHAVAN, THOTTINU VADAKKU MURI, CHAVARA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.P.JABBAR SRI.T.GOPALAKRISHNAN RESPONDENT(S): --------------- 1. C.ISSAC, PEACE HOME, KAKKAVILA P.O., NEYYATTINKARA, THIRUVANANTHAPURAM DIST., (OWNER OF THE MINI BUS NO.KL-01/K 5569 AT THAT TIME). 2. CHRISTIN JOSE.S., KAITHAVILA PUTHEN VEEDU, KUNNATHKAL, NEYYATTINKARA, THIRUVANANTHAPURAM DIST., MDL NO. 17435/82, BADGE NO. 277/94, (DRIVER OF THE MINI BUS NO. KL-01/K 5569 AT THAT TIME). 3. THE MANAGER, NEW INDIA ASSURANCE CO.LTD., NEYYATTINKARA BRANCH, POLICY NO.3176090157754 VALID FROM 02-02-1996 TO 01-02-1997. ADV. SRI.JOY GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No.6 of 2005 ----------------------------------------- Dated this the 16th day of October, 2008 JUDGMENT Ramachandran Nair .J, This appeal is filed for enhancement of compensation by the legal heirs and dependents of one Sivarama Pillai who died in a Motor Vehicle accident. The M.A.C.T. accepted the claim, granted compensation and directed the Insurance Company to deposit the award amount. Since the Insurance Company has not challenged the liability by filing an appeal, the remaining question to be considered is only the enhancement of compensation claimed by the appellants. We find that since the age of the deceased is not clear from the records, the M.A.C.T. took it as 58 from evidence. According to the appellants the deceased was only 50 years old at the time of accident. In the absence of any evidence of age we do not think that any modification is called for in the multiplier applied based on the age determined by the M.A.C.T. . However since the appellants' claim that the deceased was a kindergarten teacher earning Rs. 3,500/- per month is not denied or disputed by the respondents, we feel that the net income fixed at Rs. 1,000/- per month is too low. We therefore increase the net income at Rs. 2,000/- after meeting the personal expenses. -2- Consequently the compensation awarded for loss of dependency will stand increased by Rs. 96,000/-. Besides this, we grant a further sum of Rs. 4,000/-towards loss of consortium. The insurance company is directed to deposit the additional compensation amount with interest at the rate of 7 ½ % per annum from the date of application till the date of payment. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. -3- C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.A.C.A. No. 6 of 2005 ---------------------------- JUDGMENT 16th October , 2008