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. 643 of 2006(A) ----------------------- OPMV.594/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANTS/PETITIONERS: ------------------------------------- 1. ROSA, W/O. LATE VARGHESE, MUTHEDATH HOUSE, RAMALLOOR KARA, KOTHAMANGALAM VILLAGE. 2. ANNAKKUTTY, D/O. LATE VARGHESE, MUTHEDATH HOUSE, RAMALLOOR KARA, KOTHAMANGALAM VILLAGE. 3. JOSE, S/O. LATE VARGHESE, MUTHEDATH HOUSE, RAMALLOOR KARA, KOTHAMANGALAM VILLAGE. 4. BABY, S/O. LATE VARGHESE, MUTHEDATH HOUSE, RAMALLOOR KARA, KOTHAMANGALAM VILLAGE. 5. ALEYKUTTY, D/O. LATE VARGHESE, MUTHEDATH HOUSE, RAMALLOOR KARA, KOTHAMANGALAM VILLAGE. 6. KATHRI, D/O. LATE VARGHESE, MUTHEDATH HOUSE, RAMALLOOR KARA, KOTHAMANGALAM VILLAGE. 7. JOHNY, S/O. LATE VARGHESE, MUTHEDATH HOUSE, RAMALLOOR KARA, KOTHAMANGALAM VILLAGE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENT(S): RESPONDENTS: --------------------------- 1. ASHRAF YOUSUF BHOCHU, VEJULPUR ROAD, GODHR, GUJARAT STATE. 2. SULAIMAN, S/O.ABDUL RAHIMAN KURKUR, PANCHAMAHAL DISTRICT, GODHRA KARA, SATHPUR (P.O), VAJALPUR ROAD. 3. UNITED INDIA INSURANCE COMPANY LIMITED, MANDAL BRANCH GODHR, PANCHAMAHAL DISTRICT, GUJARAT. ADV. SRI.RAJAN P.KALIYATH FOR R3 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.643 of 2006 .................................................................... Dated this the 5th day of June, 2009. JUDGMENT Ramachandran Nair, J. Appellants are widowed mother, brothers and sisters of a 27 year old person who died in a road accident. The MACT found that the accident was caused on account of negligence of the offending vehicle and consequently insurer was directed to pay compensation. The total compensation awarded is Rs.71,000/-. Appeal is filed for enhancement. We have heard counsel for the appellants and Standing Counsel for the Insurance Company. 2. The challenge against the multiplier applied is not tenable because deceased being an unmarried person, the multiplier is taken with reference to age of the mother of the deceased. However, we feel the annual income of the deceased taken at Rs.15,000/- is very low because he was said to be a painter by profession. The claim is for enhancement of compensation under various heads. However, we feel a total enhancement will meet the ends of justice. We enhance the total 2 compensation by Rs.50,000/- which will carry interest at 7.5% p.a. from date of application till date of deposit. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms