IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 MACA.No. 2019 of 2006() ----------------------- OPMV.163/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): APPELLANT ----------------------- 1. ROHINI,W/O.HARISH, CHENANKOD HOUSE, MADHUR VILLAGE, P.O.HIDAYATH NAGAR, KASARAGOD. 2. HIRAN,S/O.HARISH, CHENANKOD HOUSE, MADHUR VILLAGE, P.O.HIDAYATH NAGAR, KASARAGOD. 3. ANISH,S/O.HARISH,(APPELLANT 2 & 3 ARE MINORS REP.BY THE IST PETITIONER), CHENANKOD HOUSE, MADHUR VILLAGE, P.O.HIDAYATH NAGAR, KASARAGOD. 4. NARAYANA,S/O.KORAGA, CHENANKOD HOUSE, MADHUR VILLAGE, P.O.HIDAYATH NAGAR, KASARAGOD. 5. LAXMI,W/O.NARAYANA, CHENANKOD HOUSE, MADHUR VILLAGE, P.O.HIDAYATH NAGAR, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): --------------- 1. PRASANTH.P.,S/O.P.MARRIAPPA BHAT, BETTA MANE,NELLOR,SULLIA POST, KAMMAJE VILLAGE, SULLIA TALUK,D.K. 2 2. THE MANAGER, NATIONAL INSURANCE CO.LTD., SULLIA BRANCH,SULLIA POST, SULLIA,D.K. BY ADV. SMT.R.PADMAKUMARI FOR R.1 BY ADV. SRI.JOE KALLIATH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. -------------------------------------------- M.A.C.A. No. 2019 OF 2006 -------------------------------------------- Dated this the 30th day of March, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the death of husband of the first appellant, who is the father of appellants 2 and 3 and son of remaining appellants. The deceased while riding a motorbike was hit down by a car which led to injury and his death. The accident is admitted and liability is found on the driver of the car and it's insurer. The question to be considered is only enhancement. Even though the profession of the deceased is accepted as that of the driver by the MACT, the income fixed in 2003 is as low as Rs. 1500/- per month. We feel enhancement of monthly income of the deceased is called for because he was fairly young when he died. We increase the monthly income to Rs. 3,000/-. This will entitle the appellants for additional compensation for loss of dependency to Rs. 2,04,000/- in addition to Rs. 2,04,000/- already granted by the MACT. Besides this 2 considering the age of the wife and children and the loss of son to old parents, we grant additional compensation of Rs. 25,000/- towards loss of consortium and for love and affection. Additional compensation of Rs. 2,29,000/- granted by us will carry interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal is allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk 3