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. 117 of 2004() ---------------------- (AGAINST THE AWARD DATED 11/06/2003 IN OPMV.426/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA) .................... APPELLANTS/CLAIMANTS : ------------------------------------- 1. VIMALA, W/O.LATE PADMANABHAN POTTI, PAVITHRAM, PLAVOOR, AMACHAL.P.O., VIA KATTAKAD, TRIVANDRUM. 2. PRIYA, D/O.LATE PADMANABHAN POTTI, PAVITHRAM, PLAVOOR, AMACHAL.P.O., VIA KATTAKADA, TRIVANDRAM. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENTS: RESPONDENTS IN THE O.P. ------------------------------------ 1. THE MANGING DIRECTOR, K.S.R.T.C., TRANSPORT BHAWAN, TRIVANDRUM. 2. P.P.KURIACHAN, PUTHAYATH VEEDU, ADIMALIKARA, ADIMALI.P.O., DEVIKULAM, IDUKKI DISTRICT. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R.1 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. 117 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 for KSRTC. 2. The appellants are mother and unmarried sister of the deceased, who died in a bike accident while working as a cashier in the Electricity Board. The MACT found that the accident was caused on account of negligence of the driver of the bus. Consequently, KSRTC was ordered to pay the compensation. The main grievance of the appellants is against reduction of loss of dependency on account of chance of marriage of the deceased after two years. Even though, appellants oppose such reduction, we do not think any ground to interfere with the finding because in the normal course, a man is expected to get married in his thirties, if not early. However, having regard to the incremental advantages, the deceased would have got in service, and the fact that his mother is a widow and sister remains unmarried, we feel M.A.C.A.No.117/2004 -2- a higher fixation of income for dependency is called for. Accordingly, we refix the entitlement after marriage to appellants at Rs.1,750/- per month. Consequently, compensation for loss of dependency will stand increased by a further sum of Rs.1,44,000/-. The KSRTC will deposit the additional compensation with interest at 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