IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 MACA.No. 634 of 2005() ---------------------- (AGAINST THE AWARD DATED 09/12/2004 IN OPMV.386/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM) .................... APPELLANTS/PETITIONERS IN O.P.(MV) -------------------------------------------------- 1. PAREEKUTTY.V. S/O.MOIDEEN, VAKKAYIL HOUSE, KARAIMANNA POST, PANNIYANKKURISSI AMSOM, CHERPLASSERY, OTTAPPALAM TALUK. 2. JAMEELA.K. W/O.PAREEKUTTY, VAKKAYIL HOUSE, KARAIMANNA POST, PANNIYANKKURISSI AMSOM, CHERPLASSERY, OTTAPPALAM TALUK. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS: ------------- THE UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, OTTAPPALAM, PALAKKAD DISTRICT. BY ADV. SRI.P.R.RAMACHANDRA MENON FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- MACA No. 634 of 2005 --------------------------------- Dated, this the 27th day of August, 2008 J U D G M E N T Ramachandran Nair, J. The appeal is filed by the legal heirs of the deceased for enhancement of compensation for the death of the son of the appellants in a road accident. 2. We have heard learned counsel appearing for the appellants, learned standing counsel appearing for the Insurance Company and we have gone through the award. 3. The main dispute is about the reduction of income of the deceased claimed by the appellants based on salary certificate issued by a shop at Bangalore. Even though Rs.4,000/- was claimed as monthly income of the deceased, the Tribunal refixed it as Rs.3,000/- for want of proof. The deceased was only SSLC and the claim of the appellants that he was earning Rs.4,000/- in the employment in a grocery shop appears to be exaggerated. Therefore, fixation of income of the deceased at Rs.3,000/- per month does not require any interference. However, we feel the deduction of personal expenses of the deceased at Rs.1,600/- per month is not justified. In the first place, second schedule to the Act MACA No.634/2005 -2- provides reduction of only 1/3rd towards personal expenses. Secondly, when the claim of high salary in Bangalore is not accepted, there is no justification for reducing expenditure attributable to the high level of cost of living in Bangalore. We, therefore, refix the compensation for loss of dependency by reducing Rs.1,000/- per month towards personal expenses of the deceased and by accepting balance Rs.2,000/- as the loss of net dependency to the parents. Even though learned standing counsel for the Insurance Company submitted that there should be deduction for possible marriage of the deceased, we feel no deduction is called for because the deceased was only 20 years of age and the multiplier is only 14. Consequently, we increase the compensation of loss of dependency from Rs.2,35,200/- to Rs.3,36,000/-. The Insurance Company is directed to deposit the additional compensation with interest @ 7.5% per annum from date of application till date of payment. The appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) MACA No.634/2005 -3- jg