IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 MACA.No. 3074 of 2008() ----------------------- OPMV.1266/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): PETITIONER ------------------------ 1. AYISHA AGED 44 YEARS, W/O.P.SAIDALAVIL (LATE) PULLKKAL HOUSE, KOOTTILANGADI P.O. KADUNGOTH MALAPPURAM DIST. 2. JAVED P. 17 YEARS, S/O. ASIDALAVI (LATE) (MIONOR REPRESENTED BY GUARDIAN MOTHER AYISHA) 3. KADEEJA, AGED 74 YEARS, W/O. ALAVI, L PULLKKAL HOUSE, KOOTHANGADI P.O. KADUNGOTH, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): RESPONDENT ------------------------- THE UNITED INIDA INSURANCE CO.LTD, S DIVISIONAL OFFICE, MANJERI (INSURER). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.3074 of 2008 .................................................................... Dated this the 1st day of January, 2009. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellants. We do not find any justification to interfere with the income fixed for the purpose of grant of compensation for loss of dependency because income fixed for the headload worker is quite reasonable. However, we find some force in the contention of the appellants that the amount of compensation awarded for loss of consortium for the wife and for loss of love and affection for all the appellants are too low. Considering the enhancement proposed by us, we do not think there is any need to hear the respondent. We, therefore, allow the appeal by modifying the award enhancing compensation for loss of consortium and loss of love 2 and affection together by a sum of rupees ten thousand which will carry interest at 7.5% p.a. from date of application till date of deposit. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms