IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 MACA.No. 799 of 2005() ---------------------- OPMV.309/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): APPELLANTS/PETITIONERS: ------------------------------------- 1. THANKAM, W/O. SREEKKUMARA MENON ALIAS SREEKUKMARAN, AGED 50 YEARS, LAKSHMI NIVAS, KARATTUKURISSI, VIA. CHERPLASSERY, OTTAPALAM TALUK,PALAKKAD DIST. 2. MALINI, D/O. SREEKUMARA MENON ALIAS SREEKUMARAN, AGED 28 YEARS, LAKSHMI NIVAS, KARATTUKURISSI, VIA. CHERPLASSERY, OTTAPALAM TALUK,PALAKKAD DIST. BY ADV. SRI.O.P.NANDAKUMAR SRI.V.A.AJAI KUMAR RESPONDENT(S): RESPONDENTS: --------------------------- 1. NABEESA, W/O. MOHAMMED, AGE NOT KNOWN, VALIYAKATH HOUSE, POOTHOLEPADAM, POOTHOLE, THRISSUR. 2. A.V. SAJI, S/O. WILSON, AGED ABOUT 29 YEARS, ALAPPAT HOUSE, THRISSUR. 3. THE UNITED INDIA INSURANCE COMPANY LTD., SIMIS COMPLEX, KURUPPAM ROAD, THRISSUR. 4. P.P. MOOSA, S/O. CHERIYA KOYA, AGE NOT KNOWN, PALATTUPARAMBIL HOUSE, KARATTUKURISSI POST, CHERPLASSERY VIA., OTTAPALAM TALUK, PALAKKAD DISTRICT. 5. P.P. ABDUL HAKKIM, S/O. P.P.MOOSA, AGED ABOUT 22 YEARS, PALATTUPARAMBIL HOUSE, KARATTUKURISSI POST, CHERPLASSERY VIA, OTTAPALAM TALUK, PALAKKAD DISTRICT. 6. THE NEW INDIA INSURANCE COMPANY LTD., II FLOOR, JRJ COMPLEX, OTTAPALAM. 7. MANOJKUMAR, S/O. SREEKUMARA MENON ALIAS SREEKUMARAN, AGED 32 YEARS, LAKSHMI NIVAS, KARATTUKURISSI, VIA. CHERPLASSERY, OTTAPALAM TALUK,PALAKKAD DIST. NOW RESIDING AT 473, SECTOR 4, R.K.PURAM, NEW DELHI-110 022. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.799 of 2005 .................................................................... Dated this the 22nd day of September, 2008. JUDGMENT Ramachandran Nair, J. The appeal remains defective on account of non-service of notice to respondents. Since the matter is pending for over three years, we directed counsel for the appellants to serve notice on the two Insurance Companies which are directed to pay compensation by the MACT. However, counsel for the appellants submitted that notice was refused by the counsel to whom it was offered. Probably for want of instruction, counsel for the panel of Insurance Company may not be in a position to receive the notice. In any case going by the relief we propose, we do not think there is any need to serve notice on the Insurance Company because appearance of the Insurance Company is not going to affect our judgment on this issue. 2. The husband of the first appellant who died in the accident is a retired official of the Tamilnadu Electricity Board. The MACT itself has taken into account his pension as Rs.5,465/-. Counsel submitted that pension is steadily getting increased and therefore, increments also should have been taken into account. Further, it is rightly pointed out that 2 deduction of Rs.2,000/- towards personal expenses is on the high side. We, therefore, modify the award by refixing the net income after deducting personal expenses at Rs.4,000/- per month for fixing compensation for loss of dependency. Accordingly, compensation under this head is increased from Rs.1,80,000/- to Rs.2,40,000/-. No other modification is called for in the award. The additional compensation with interest at 7.5% p.a. from date of application till date of deposit shall be shared by respondents in the same manner and proportion MACT ordered payment of the compensation awarded by it. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms