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 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 MACA.No. 1899 of 2006() ----------------------- OPMV.379/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- 1. DEEPA PAUL, D/O.LATE PAUL, KALAPURAKKAL HOUSE, PALLIPURAM P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. SHIBU PAUL, S/O.LATE PAUL, KALAPURAKKAL HOUSE, PALLIPURAM P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 3. BINDU PAUL, D/O.LATE PAUL, KALAPURAKKAL HOUSE, PALLIPURAM P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): --------------- 1. K.A.SEBASTIAN, KUTTIKKATT TRAVELS, EAST PANDIKUDY, KOCHI-682 002. 2. JOSEPH SANDHYAVU, KUTTIKKATT HOUSE, PERUMPADATHIL, VADANAPPILLIPARAMBU P.O., PARAVUR. 3. MANAGER, ORIENTAL INSURANCE CO. LTD., 6/990, BIG BAZAR ROAD, MATTANCHERRY, KOCHI. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1899 OF 2006 -------------------------------------------- Dated this the 18th day of September, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the death of mother of the appellants in an accident. We have heard counsel appearing for the appellants and standing counsel appearing for the insurance company. The deceased was 57 years of age and was stated to be a daily wage earner at the time of the accident and death. Even though appellants are grown up children of the deceased above 25 years of age, first appellant is stated to be a handicapped person though the nature and extent of handcap are not on record. Counsel for the appellants contended that income fixed for award of compensation for loss of dependency is too low. However, standing counsel for the insurance company submitted that income fixed at Rs. 1500/- per month for a 57 year old lady is quite reasonable. We are in agreement with this contention because there is no evidence to show that the 2 deceased was earning any better income than the reasonable amount fixed by the MACT. Besides this, appellants cannot be said to be dependants of their mother because all are grown up people above the age of 25 and dependency can be claimed only for the person handicapped and is unable to work or earn livelihood. Therefore it will be open to the first appellant to claim compensation under this head to the exclusion of others by making application before the MACT. With the above observation, Appeal is dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3