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 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 MACA.No. 1201 of 2004(B) ------------------------ (AGAINST THE JUDGMENT DATED 06/12/2003 IN MVOP.878/2000 of MACT, IRINJALAKUDA) .................... APPELLANTS/PETITIONERS --------------------------------------- 1. K.K.MAMMY, S/O. KRISHNANKUTTY, KAKKARA HOUSE, POYYA P.O., THRISSUR DISTRICT (FATHER OF DECEASED) 2. SARADA MAMMY, W/O. K.K.MAMMY, KAKKARA HOUSE, POYYA P.O., THRISSUR DISTRICT, (MOTHER OF DECEASED) 3. K.M.RAMESH, S/O. MAMMY, KAKKARA HOUSE, POYYA P.O., THRISSUR DISTRICT, (BROTHER OF THE DECEASED) 4. RAJANI K.M., D/O. MAMMY, KAKKARA HOUSE, POYYA P.O., THRISSUR DISTRICT (SISTER OF THE DECEASED) 5. RAJI K.M. W/O. SHIBU, KUNNAPPILLY HOUSE, ERAYAMKUDY P.O., MAMBRA, (SISTER OF THE DECEASED) 6. LEENA RAJAN, W/O. LATE RAJAN, KAKKARA HOUSE, POYYA P.O., THRISSUR DISTRICT, SISTER OF THE DECEASED 7. JITHIN RAJ, MINOR REP.BY HIS NATURAL GUARDIAN & MOTHER LEENA RAJAN, W/O.LATE RAJAN, KAKKARA HOUSE POYYA P.O. THRISSUR DISTRICT (SON OF DECEASED'S BROTHER LATE RAJAN) BY ADV. SRI.V.BINOY RAM MACA NO.1201/2004 RESPONDENTS: RESPONDENTS ------------------------ 1. K.I.VAREY, S/O. ITTOOP, KAREDATH HOUSE, MOOKKANOOR P.O., AGAMALY, ERNAKULAM DISTRICT. 2. VELAYUDHAN A.V., S/O. VELAYUDHAN, AYYAKUZHIYIL HOUSE, MOOKKANNOOR P.O., ANGAMALY, ERNAKULAM DISTRICT. 3. THE MANAGER, ORIENTAL INSURANCE CO.LTD., KALLOOKKARAN SHOPPING COMPLEX, 1ST FLOOR, ANGAMALY, ERNAKULAM DISTRICT. BY ADV. DR.ELIZABETH VARKEY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.A.C.A.No. 1201 of 2004 --------------------------------- Dated, this the 4th day of September, 2008 J U D G M E N T Ramachandran Nair, J. Heard learned counsel for the appellants and learned standing counsel appearing for the Insurance Company. 2. The claim of compensation was on account of death of son of appellants 1 & 2 at the age of 28 years. The other appellants are siblings of the deceased and the last one being the minor son of his deceased brother. The deceased was a driver at the time of the accident. Therefore, we feel the income fixed for the purpose of loss of dependency at Rs.1,200/- per month is very low and therefore, we increase this to Rs.1,800/- per month. After excluding 1/3rd towards personal expenses, the loss of dependency will work out to Rs.2,44,800/- as against Rs.1,63,200/- already granted. The Insurance Company is directed to deposit the additional compensation with interest @ 7.5% from the date of application till date of payment. The appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg