IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 MACA.No. 620 of 2006() ---------------------- OPMV.1403/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA APPELLANT(S)/PETITIONERS: ------------------------------------ 1. VELAYUDHAN, S/O.KUNJIKELAN, PALLIYIL HOUSE, KADAMBODE, KODALY, P.O.PADY, THRISSUR DISTRICT. 2. LAXMI, W/O.VELAYUDHAN, PALLIYIL HOUSE, KADAMBODE, KODALY, P.O.PADY, THRISSUR DISTRICT. 3. BIJI, D/O.VELAYUDHAN, PALLIYIL HOUSE, KADAMBODE, KODALY, P.O.PADY, THRISSUR DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT(S)/RESPONDENTS: --------------- 1. K.P.BALAKRISHNAN, S/O.CHEKKOOTTY, CHERUVATH HOUSE, P.O.MEPPAYUR, KOZHIKODE DISTRICT. 2. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 3. K.R.SUNIL, S/O.RAMACHANDRAN, KUNDUKANDATHIL HOUSE, AVINISSERY, OLLUR. 4. THE MANAGER, ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, CITY HEIGHTS BUILDING, SOUTH JUNCTION, CHALAKUDY. ADVS. SRI.M.JACOB MURICKAN FOR R4 SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R.2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 620 OF 2006 --------------------------------------------------------- Dated this the 19th day of November, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of the son of appellants 1 and 2 who was a driver by profession and aged 21 at the time of the accident. 2. Counsel appearing for the appellants contended that compensation granted for loss of dependency is too low. However, Standing Counsel appearing for the K.S.R.T.C. submitted that dependency gets reduced on marriage of the deceased. While we agree with the argument of counsel for the K.S.R.T.C. that reduction in dependency for parents after marriage of the deceased is a normal course that takes place in the society, we feel applying the relevant multiplier of 18, loss of dependency for the first five years , that is, until the deceased attains the age of 26 should be fully granted to the parents. Even after marriage, the M.A.C.A. NO. 620/2006 2 parents can depend on the earnings of the son, though not to the extent of his net earnings. Considering the fact that the deceased was a driver by profession and was holding a driving licence, we estimate his gross monthly income at Rs.3,000/- and after deducting one-third towards personal expenses, Rs.2,000/- can be taken for computation of loss of dependency for the first five years. Therefore, appellants will be entitled to get compensation of Rs.1,20,000/- (2000 x 12 x 5) for loss of dependency. For the remaining ten years, we feel appellants 1 and 2 are together entitled to get compensation of Rs.1,20,000/- (1,000 x 12 x 10). No other modification is called for. The additional compensation of Rs.1,20,000/- granted by us will carry interest at the rate of 7.5% per annum from the date of application till date of payment. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO. 620/2006 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 620/2006 JUDGMENT 19th November, 2008 M.A.C.A. NO. 620/2006 4