IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 MACA.No. 542 of 2006() ---------------------- OPMV.935,958,/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): APPELLANTS/CLAIMANTS ---------------------------------- 1. ARABI BAVA, AGED 70 YEARS, S/O.BADUWAN, R/AT ARIKADY KADAVATH, P.O.KUMBALA, KASARAGOD TALUK. 2. FATHIMA, AGED 60 YEARS, W/O.ARABI, D/O.AMEENA, DO. DO. 3. RUKHIYA, AGED 21 YEARS, W/O.K.B.HANEEF, DO. DO. 4. MOHAMMED ASHIF, AGED 1 1/2 YEARS, S/O.RUKHIYA, (REPRESENTED BY HIS MOTHER 4TH APPELLANT). BY ADV. SMT.R.PADMAKUMARI RESPONDENT(S): --------------- 1. A.PRASANNAN, AGED 34 YEARS, S/O.A.NARAYANAN, ALIYATH HOUSE, KARINKALLATHANI, PERINTHALMANNA TALUK, MALAPPURAM DIST. 2. K.B.BALAKRISHNAN RAI, S/O.BHANDARI RAI, SRI.NAVA DURGA PRASAD, M.B.ROAD, MANGLORE-7. 3. THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO.LTD., CITY BRANCH, KULAYADI BUILDING, HAMPANKATTA, MANGALORE-1. ADV. SRI.K.K.SATHEESH FOR R1 SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.542 of 2006 .................................................................... Dated this the 28th day of August, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. The appeal is filed for enhancement of compensation awarded by MACT for the death of son of appellants 1 and 2 and husband of third appellant. The 4th appellant is the minor child of the deceased. Main contention raised by counsel for the appellants is that the income estimated after rejecting evidence is too low. According to the appellants, deceased was employed in middle east and was earning 2000 Dirhams per month. However, apart from producing a contract of employment which was only for one year, no other convincing evidence was produced and consequently MACT fixed the monthly income at Rs.2,400/- and compensation for dependency is worked out after deducting one third towards personal expenses. Unfortunately no evidence was produced pertaining to educational qualification and experience of the deceased. Having regard to the fact that the deceased had worked abroad atleast for sometime, we feel the income estimated at Rs.2,400/- is too low. We, 2 therefore, refix the monthly income at Rs.3,000/- and after providing one third towards personal expenses, net loss of dependency should be worked out based on a net income of Rs.2,000/- per month. Consequently, appellants are entitled to compensation for loss of dependecy at Rs.4,08,000/- as against Rs.3,26,400/- awarded by the MACT. The Insurance Company is directed to deposit the additional compensation with interest at 7.5% p.a from date of application till date of deposit. Compensation awarded under other heads will stand confirmed. The appeal is allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms