IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 MACA.No. 238 of 2003() ---------------------- OPMV.358/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/PETITIONERS: --------------------------------------- 1. A.GARUDAN, AGED 27, RESIDING AT HOUSE NO.198, PULMEDU, MALI P.O., VANDENMEDU VILLAGE, IDUKKI DISTRICT. 2. GAUTHAM, S/O. GARUDEN, AGED 5 YEARS (MINOR), RESIDING AT -DO- -DO-. REPRESENTED BY HIS FATHER A.GARUDEN, 1ST PETITIONER AND NEXT FRIEND. 3. KAUSALYA, D/O. GARUDEN, AGED 3 (MINOR), -DO- -DO-, REPRESENTED BY HER FATHER A.GARUDEN 1ST PETITIONER AND NEXT FRIEND. BY ADV. SRI.C.K.VIDYASAGAR SRI.P.CHANDY JOSEPH RESPONDENTS: RESPONDENTS: ------------------------- 1. SURESH KUMAR, S/O. KARUNAKARAN, SURESH BHAVAN, VANDENMEDU P.O., AMAYAR, VANDENMEDU VILLAGE, IDUKKI DISTRICT. 2. T.G.SAMBASIVAN, THAKIDIYIL HOUSE, KOCHERA P.O., NELIMALAKANDOM, CHETTUKUZHY, IDUKKI. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, KATTAPPANA. BY ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.238 of 2003 .................................................................... Dated this the 16th day of July, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellants and Standing Counsel for the Insurance Company. The appeal is filed for enhancement of compensation awarded for the death of a lady who died at the age of 27. She was an estate worker. The appellants are husband and two minor children of the deceased, one of whom is a female child. Even though MACT adopted Rs.1,250/- as her monthly income, the multiplier applied is only 13. Having regard to the age of the victim and the claimants, we feel the multiplier to be applied is 18 as against 13. Consequently, we increase the compensation on account of loss of dependency from Rs.1,10,760/- to Rs.1,53,360/-. Similarly, having regard to the loss of mother for the minor children, one of whom is a female, we increase the compensation for loss of love and affection to Rs.10,000/- each to both the children. This will lead to an addition of Rs.10,000/- to the compensation awarded under this head. The Insurance Company will deposit the additional compensation with interest at 7.5% per annum from date of application till date of payment. The 2 Insurance Company will be free to recover the additional compensation and interest also from the insured in terms of the original award. For the purpose of release of compensation amount, appellants can make application before the MACT. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms