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 25TH JUNE 2008 / 4TH ASHADHA 1930 MACA.No. 796 of 2003(B) ----------------------- (AGAINST THE JUDGMENT IN OPMV.609/1997 DATED 20/05/2003 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA) .................... APPELLANT/PETITIONER IN OP(MV): ------------------------------------------------ 1. K.VIJAYAN, S/O. LAKSHMANAN, CHULLIYADATH HOUSE, `PARVATHY NIVAS', KADAVANTHARA P.O., ERNAKULAM DISTRICT. 2. PARVATHY, W/O. VIJAYAN, -DO- -DO-. 3. BINDU, D/O. VIJAYAN, -DO- -DO-. 4. SINDU VIJAYAN, D/O. VIJAYAN, -DO- -DO-. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP(MV): ----------------------------------- 1. M.K.ASOKAN, MACHINGAL HOUSE, PERINNNANAN P.O., KODUNGALLUR TALUK. 2. VARGHESE THANIATH @ VAREED THANIATH, S/O. CHAKKU, THACHIL ALIYATH HOUSE, PUTHANCHIRA P.O. 3. THE NEW INDIA ASSURANCE CO. LTD., IRNJALAKUDA. BY ADV. SRI.K.A.SREEJITH FOR R1 SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- MACA No.796 of 2003 --------------------------------- Dated, this the 25th day of June, 2008 J U D G M E N T Ramachandran Nair, J. Heard learned counsel for the appellants, learned standing counsel for the insurance company. 2. Learned counsel for the appellants submitted that the income fixed for the purpose of compensation is comparatively low because the Tribunal has taken monthly earnings only at Rs.1,500/-. The deceased was only 27 years of age and even though there is no proof of his educational qualification or regular employment, we feel a reasonable amount should be fixed taking into account the prevailing wage of even the unskilled workers. Learned standing counsel for the insurance company pointed out that the multiplication factor applied, namely 17, is not correct, because the deceased being an unmarried, the age of the parents should have been adopted while determining the applicable multiplication factor. We feel, some modification is required with regard to the income fixed for the purpose of award of compensation. We, therefore, re-fix the gross monthly income of MACA No.796/2003 -2- the deceased at Rs.2,500/- and dependency at Rs.1,500/-. However, we also make it clear that there is no need to correct the multiplication factor because of the fairly low level income fixed by us. The appellants will be entitled to interest also on the additional amount. The Supreme Court of India has granted interest at the rate of 7.5% in the decision in Dharampal Vs. U.P.State Road Transport Corporation, reported in 2008(2) KLT 691(SC). In view of the above decision of the Supreme Court, the rate of interest to be granted will be at 7.5% on the additional compensation granted above. The MACA is allowed to the above extent. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg