IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 MACA.No. 699 of 2005() ---------------------- OPMV.82/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): APPELLANT/CLAIMANTS IN OP (MV): --------------------------------------------- 1. SULOCHANA VISWAMBHARAN, PANAMOOTTIL (H), ELAMCADU P.O., MUNDAKKAYAM. 2. VINEED P.V. (MINOR), -DO- -DO-, REPRESENTED BY HIS MOTHER, SULOCHANA VISWAMBHARAN AS GUARDIAN AND NEXT FRIEND. 3. VINEEDA P.V. (MINOR), PANAMOOTTIL (H), ELAMCADU P.O., MUNDAKKAYAM, REPRESENTED BY HER MOTHER, SULOCHANA VISWAMBHARAN AS GUARDIAN AND NEXT FRIEND. 4. VEENAMOL P.V. (MINOR), -DO- -DO-, REPRESENTED BY HER MOTHER, SULOCHANA VISWAMBHARAN AS GUARDIAN AND NEX FRIEND. BY ADV. SRI.THOMAS M.JACOB SRI.G.RAJAGOPAL RESPONDENT(S): RESPONDENTS IN OP(MV): ------------------------------------- 1. B. PRASANNAKUMARI, PRASANNALAYAM, PEERUMEDU P.O., IDUKKI. 2. SURESH, KOCHUPARAMBIL, ELAMKADU P.O., KOTTICAL. 3. THE ORIENTAL INSURANCE CO. LTD., MOOVATTUPUZHA. 4. VELAYUDHAN, PANAMOOTTIL (H), ELAMCADU P.O., MUNDAKKAYAM. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.699 of 2005 .................................................................... Dated this the 5th day of June, 2009. JUDGMENT Abdul Rehim, J. The wife and three minor children of a person who died in a motor accident are the appellants herein. The accident occurred while the deceased was traveling in a jeep which hit on a mud wall and capsized. The deceased was aged 34 at the time of death. He was a toddy tapper by profession. Ext.A6 is the certificate issued by the Inspector of the Kerala Toddy Workers Welfare Fund Board certifying that during the year 1997-98 the deceased earned a total income of Rs.82,782/- which corresponds to a monthly income of Rs.6,898/-. It is observed by the Tribunal that in the claim petition, the income of the deceased was stated as Rs.5,000/- per month. However, for the purpose of calculating loss of estate and dependency, the Tribunal adopted monthly income of the deceased only as Rs.2,750/-. Standing Counsel appearing for the third respondent-Insurance Company vehemently argued that Ext.A6 certificate was not properly proved 2 before the Tribunal. However, on a perusal of Ext.A6 certificate, we notice that the same was issued by a public servant working as Inspector of the Welfare Fund Board. We find no reason to doubt the genuineness of Ext.A6 certificate. However, considering the fact that the income shown in the claim petition is Rs.5,000/- only and also considering the fact that the income with respect to a toddy tapper will be varying from year to year, we feel that adopting an average gross monthly income of Rs.4,500/- will be justifiable. After deducting one third of the amount towards personal expenses, we feel that the compensation for dependency need be calculated at an income of Rs.3,000/- per month. This will entitle the claimants for additional compensation of Rs.2,38,000/- under the head of loss of dependency. 2. Counsel for the third respondent contends that for an accident which occurred in the year 1998, the Tribunal had awarded interest at the rate of 9% p.a. We feel the interest granted is slightly on the higher side. In the result, we partly allow the appeal awarding an additional compensation of Rs.2,38,000/-, but reducing the rate of interest on the original amount and the additional amount of 3 compensation to 7.5% p.a. from the date of application till the date of payment. The third respondent will make deposit of the amount within three months. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms