IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 MACA.No. 850 of 2007() ---------------------- OPMV.1327/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANTS/PETITIONERS IN OP(MV): ------------------------------------ 1. V.T.PREMA, W/O.LATE V.T.SASIDHARAN, AGED 48 YEARS, RESIDING AT UMA NIVAS, ELATHOOR POST, PUTHIYANIRATH, KOZHIKODE. 2. UMA, D/O.LATE V.T.SASIDHARAN, AGED 32, RESIDING AT UMA NIVAS, ELATHOOR POST, PUTHIYANIRATH, KOZHIKODE. 3. PRASHOBIDHAN, S/O.LATE V.T.SASIDHARAN, AGED 30 YEARS, RESIDING AT UMA NIVAS, ELATHOOR POST , PUTHILYANIRATH, KOZHIKODE. 4. PRASANTH, S/O.LATE V.T.SASIDHARAN, AGED 28 YEARS, RESIDING AT UMA NIVAS, ELATHOOR POST, PUTHIYANIRATH, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): RESPONDENTS IN OP(MV): ------------------------------------- 1. SAJU, S/O.VALSAN, AGED 25 YEARS, RESIDING AT SREEVALSAM, HOUSE, NEAR SEETHARAM HOUSE, ELATHOOR POST, KOZHIKODE. 2. THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE:I, SILVER PLAZA BUILDING, INDIRA GANDHI ROAD, KOZHIKODE. ADV. SRI.JOY GEORGE FOR R2 SMT.PRAICY JOSEPH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.850 of 2007 .................................................................... Dated this the 5th day of June, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of the husband of the first appellant, the remaining appellants being daughter and sons of the deceased. Deceased was stated to be a goldsmith. However, for want of evidence, MACT adopted the gross monthly income at Rs.2,000/-. Main grievance of the appellants is against fixation of such a low income. Eventhough evidence was not produced about income or employment of the deceased, we feel appellants are entitled to have a reasonable income fixed for the deceased. Appellants are claiming compensation under other heads also. Considering all the claims, we enhance the total compensation to Rs.3 lakhs as against Rs.2,26,000/- awarded by the Tribunal. The original compensation as well as the additional compensation granted 2 by us will carry interest at 7.5% p.a. from date of application till date of deposit. Appeals stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms