IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 MACA.No. 1972 of 2006() ----------------------- OPMV.502/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONERS ------------------------------------ 1. VIDYA, W/O. LATE NARAYANAN KUTTY, PARAPPURATH HOUSE, KALLOOR P.O. 2. SRUTHI, AGED 11, D/O. LATE NARAYANANKUTTY, PARAPPURATH HOUSE, KALLOOR P.O., REP. BY MOTHER & NEXT FRIEND SMT. VIDYA, 1ST APPELLANT. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): RESPONDENTS --------------------------- 1. THE MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM. 2. JACOB (DRIVER), S/O. PANIKULANGARA PORINCHU, PALISSERY P.O., MALA (VIA), THRISSUR DT., MUKUNDAPURAM TALUK. 3. VIJAYALAKSHMI AMMA, W/O. RAGHAVAN NAIR, PADINJARE MADATHIL, ARIYANNOOR P.O., GURUVAYOOR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2008,THE COURT ON 24/11/2008 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1972 of 2006 .................................................................... Dated this the 24th day of November, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of first appellant's husband who was stated to be an autorickshaw driver. Admittedly a KSRTC bus hit the scooter driven by the deceased from behind and therefore, Crime was registered against driver of the KSRTC bus. Even though MACT found negligence on KSRTC driver and awarded compensation, the income of the deceased adopted by MACT was only Rs.2,000/- per month. We find force in the contention of appellants that the income of the deceased calls for enhancement because he was an auto driver by profession. We refix the income of the deceased at Rs.3,000/- per month and after deducting one third towards personal expenses, appellants will be entitled to compensation for loss of dependency by taking annual income at Rs.24,000/-. Applying the same multiplier, eligible compensation under this head will be Rs.3,84,000/- as against Rs.2,56,000/- granted 2 by the MACT. The additional compensation granted by us will carry interest at 7.5% p.a. from date of application till date of payment. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms