IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 MACA.No. 611 of 2006() ---------------------- OPMV.1395/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S)/PETITIONERS IN OP(MV): ----------------------------------------------- 1. SINDHU @ LATHI, W/O. SURESH, MANECHUMTHAYIL, WARD NO.V, MANNANCHERRY PANCHAYAT. 2. SUDHEESH (MINOR), AGED 14 YEARS, S/O. SURESH, REPRESENTED BY HIS MOTHER 1ST 1ST APPELLANT SINDHU @ LATHI, MANCHUMTHAYIL, WARD NO.V, MANNANCHERRY PANCHAYAT. 3. SWARNAMMA, W/O. JANARDHANAN, PANGASERY VELI, WARD NO.III, ARYAD PANCHAYAT. BY ADVS. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV): ------------------------------------- 1. G. THANKARAJ, S/O. GNANAMANY, 2/52, KOLLENKUDI VILLAI, EATHAVILAI, MEKKA MANDAPAM, K.K. DISTRICT. 2. CHRISTOPHER JUDSEN, S/O. DEVARAJ, THACHAN VILAI, DOOR NO.IX-B, NEAR KUDAMALA HIGHER SECONDARY SCHOOL, WARD NO.VII, KOTHENELLOOR PANCHAYAT, EATHAVILAI, K.K. DISTRICT. 3. THE ORIENTAL INSURANCE CO. LTD., MALIKA MAHAL, H.P.O. JUNCTION, NAGARCOIL-629 001. ADV. SRI.V.V.ASOKAN FOR R1 SMT.S.AMINA FOR R1 SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 611 OF 2006 --------------------------------------------------------- Dated this the 2nd day of December, 2008 JUDGMENT Ramachandran Nair, J. Heard counsel appearing for the appellants and Standing Counsel appearing for the Insurance Company. The only case before us is the appellants' claim for enhancement of compensation. 2. The deceased was a 27 year old worker in a saw mill at the time of accident. We feel his income taken at Rs.2,000/- per month is on the lower side and we re-estimate it at Rs.2,250/- per month which will entitle the appellants for an annual net income of Rs.18,000/- for loss of dependency. The appellants will, therefore, be entitled to an additional compensation of Rs.36,000/- under this head. Besides this, considering the young age of the first appellant when she became a widow and the age of the minor child, we grant an additional amount of Rs.15,000/- towards loss of consortium and for loss of love and affection. The additional compensation granted by us will carry interest at the rate of 7.5% per M.A.C.A. NO. 611/2006 2 annum from the date of application till date of payment. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO. 611/2006 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 611/2006 JUDGMENT 2nd December, 2008