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 20TH OCTOBER 2008 / 28TH ASWINA 1930 MACA.No. 899 of 2006() ---------------------- OPMV.1373/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------- 1. MURIE CORREYA, W/O. LATE MANUEL CORREYA, RESIDING AT MANAPPURATH HOUSE, CHEMBUMUKKU, THRIKKAKARA SOUTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 2. MARY MEDONA CORREYA, D/O. LATE MANUEL CORREYA, RESIDING AT -DO- 3. TRESA MAGLINE CORREYA, D/O. LATE MANUEL CORREYA,RESIDING AT -DO- (MINOR) REPRESENTED BY HER MOTHER AND NEXT FRIEND MURIE CORREYA 4. ANEETHA CORREYA, D/O. LATE MANUEL CORREYA, RESIDING AT -DO-(MINOR) REPRESENTED BY HER MOTHER AND NEXT FRIEND MURIE CORREYA 5. BENEETHA CORREYA, D/O. LATE MANUEL CORREYA, RESIDING AT -DO-(MINOR) REPRESENTED BY HER MOTHER AND NEXT FRIEND MURIE CORREYA BY ADV. SRI.SIBY MATHEW SRI.A.A.MOHAMMED NAZIR RESPONDENT(S): RESPONDENTS --------------------------- 1. THE VICAR, JOHN OF GOD CHURCH, KALAMASSERY. 2. THE NEW INDIA ASSURANCE CO. LTD., MOTOR 3RD PARTY CLAIMS OFFICE, REGIONAL OFFICE, KANDAMKULATHY TOWERS, P.B.NO.1049, M.G.ROAD, KOCHI-11. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No.899 of 2006 ----------------------------------------- Dated this the 20th day of October, 2008 JUDGMENT Ramachandran Nair .J, This appeal is filed for enhancement of compensation for the death of the husband of the 1st appellant and father of the remaining appellants. The deceased was an employee of the church and the police records reveal that at the time of the accident he was transporting rubber belonging to the church for sale. The goods auto-rickshaw in which the deceased was travelling hit against a tree which led to head injury and his death. The accident was admitted and the Insurance Company has honoured its liability through the policy and the M.A.C.T. has awarded compensation based on the monthly income at Rs.3,000/- . The case of the appellants is that the monthly income fixed is too low by the M.A.C.T. even though there is no evidence. The counsel for the appellants submitted that the deceased was managing the properties of the church and it is evident from the records that he was entrusted with the goods in the vehicle belonged to the church for sale at the time of accident. The counsel further submitted that as a church employee he is entitled to lot of pre-requisites and benefits which have to be also valued for the purpose of computing compensation. Even though counsel for the Insurance Company opposed the increase in the monthly income for want of evidence, we feel that some increase is called for because of the M.A.C.A. No. 899 of 2006 -2- dual nature of work done by the deceased. In this circumstance, we increase the net income after deducting the personal expenses to Rs.2,500/- per month which leads to compensation for loss of dependency to Rs. 3,90,000/- as against Rs. 3,12,000/- granted by the M.A.C.T. Besides this, since the children of the deceased are minor girl children, we feel an additional compensation is called for loss of love and affection for them. Hence, we increase the compensation under this head a further sum of Rs.22,000/- making the additional compensation to Rs. 1,00,000/- Insurance company is directed to deposit the additional compensation with interest at the rate of 7 ½ % per annum from the date of application till the date of realisation. This appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.A.C.A. No. 899 of 2006 ---------------------------- JUDGMENT 20th October , 2008