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 THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 MACA.No. 1138 of 2006() ----------------------- OPMV.1011/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANTS/PETITIONERS: ------------------------------ 1. M.SANTHA, W/O.ANANDAN, AGED 34 YEARS, PULIKKAL HOUSE, KAMMANTHARA, AYALUR, CHITTUR TALUK, PALAKKAD. 2. RATHISH, S/O.SANTHA, AGED 17 YEARS, PULIKKAL HOUSE, KAMMANTHARA, AYALUR, CHITTUR TALUK, PALAKKAD, REP. BY IST PETITIONER, M.SANTHA. 3. SATHISH, S/O.SANTHA, AGED 15 YEARS, PULIKKAL HOUSE, KAMMANTHARA, AYALUR, CHITTUR TALUK, PALAKKAD, REP. BY IST PETITIONER, M.SANTHA. 4. SUDHISH, S/O.SANTHA, AGED 13 YEARS, RESIDING AT PULIKKAL HOUSE, KAMMANTHARA, PALAKKAD, REP. BY IST PETITIONER, M.SANTHA. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S)/RESPONDENTS: -------------------------------- 1. SUNIL.K.THOMAS, FATHER'S NAME NOT KNOWN, AGED 23, THIRUVALLAUVARPURAM, 2ND STREET, CHOOLAIMEDU, MADRAS,(OWNER OF THE VEHICLE BEARING NO.TN 09 H 6356). (*DELETED) (...2) MACA.1138/06 (2) 2. ANEEF.A, S/O.ABDUL RAHIMAN, AGED 25 YEARS, ALIF HOUSE, VIDYUT NAGAR, PALAKKAD, (RIDER OF M/C TN 09H 6356).(*DELETED) (*RESPONDENTS 1 AND 2 DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANTS AS PER ORDER DT.18.7.07 ON I.A.NO:1478/2007) 3. UNITED INDIA INSURANCE CO. LTD., T.R.ROAD, PALAKKAD-678 014. ADV. SMT.M.LALITHA NAIR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No. 1138 of 2006 -------------------------------------- Dated this the 30th day of July, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. Wife and three minor children of a person who died in a motor vehicle accident, who were claimants before the Tribunal, are in appeal seeking enhancement of the compensation awarded. The deceased sustained fatal injuries when he was knocked down by a motor cycle while walking through the public road. The deceased succumbed to the injury sustained, at the hospital, on the second day of the accident. The deceased was aged 47 years at the time of accident and he was employed as a carpenter. The appellants claimed that the deceased was earning a monthly income of Rs.6,000/-. But the Tribunal adopted his income as Rs.2,550/- per month, and after deducting 1/3rd of the amount towards personal expenses dependency is calculated on the rate of Rs.1,700/- as his monthly earnings. The Tribunal awarded an amount of Rs.2,65,200/- towards loss of dependency, and a total amount of Rs.2,92,200/-. 2. Heard, learned counsel appearing for the appellant and Standing Counsel appearing for the 3rd respondent/Insurance company. It is contended by the appellant MACA. 1138/06 2 that the income adopted by the Tribunal for the purpose of computing loss of dependency is highly inadequate. It is also contended that amounts granted under the heads of loss of consortium and loss of love and affection are highly on the lower side. Further contention is that the rate of interest granted by the Tribunal at 6% is unrealistic and inadequate. Standing Counsel on the other hand vehemently opposed any enhancement contending that the Tribunal had already awarded reasonable amount under different heads. 2. On evaluating the entire facts and circumstances and evidence on the record, we feel there is evidence to the effect that the deceased was a carpenter. Being so we are inclined to fix his monthly earnings at a moderate amount of Rs.3,000/-. After deducting 1/3rd for personal expenses, net income for the purpose of computation can be adopted at Rs.2,000/-. Consequently the amount of compensation under the head of dependency need be re-fixed as Rs.3,12,000/- (3000 x 12 x 13 x 2/3). This will entitle the appellants for an enhancement of Rs.46,800/-. We are also inclined to enhance the amounts awarded under the head of loss of consortium and loss of love and affection to Rs.15,000/- respectively. This will entitle the appellants for a further enhancement of Rs.15,000/-. Thus the appellants are entitled to get the total compensation enhanced MACA. 1138/06 3 by a further sum of Rs.61,800/- (Rs.46800/- + Rs.15000/-). We are also inclined to enhance the rate of interest from 6% to 7.5%. In the result the appeal is partly allowed enhancing the total compensation of Rs.2,92,200/- by a further of sum of Rs.61,800/-. The original amount as well as enhancement allowed in this appeal will carry interest @ 7.5% per annum from the date of claim petition till payment. The 3rd respondent/Insurance company is directed to make payment of the amount within a period of 2 (two) months from the date of receipt of the Judgment. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb