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 28TH AUGUST 2008 / 6TH BHADRA 1930 MACA.No. 2082 of 2006() ----------------------- OPMV.424/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): PETITIONERS ------------------------- 1. PRASANNA SUKUMARAN, W/O.SUKUMARAN, KATTUPRAMBAN HOUSE, ANIKKADU P.O., KOTTAYAM. 2. SHANTHI SREEDHARAN, W/O.SREEDHARAN, AIKARA HOUSE, KOOROPPADA P.O., KOTTAYAM. 3. GEETHAKUMARI VISHWANATHAN, W/O.VISHWANATHAN, PUTHUPARAMBIL HOUSE, KALTHOLLI P.I., VELLIANKANDAN, KATTAPPANA, IDUKKI. 4. BINDU SURENDRAN, W/O.SURENDRAN, AAIRAMALAYIL HOUSE, MATTUKATTA P.O., KATTAPPANA. 5. AJU MON, POOVATHOLIL HOUSE, KURUVAMUZHI BHAGOM, MANGALLOOR KARA, KOOVAPPALLY VILLAGE. 6. C.K.THANKAMMA, POOVATHOLIL HOUSE, KURUVAMUZHI BHAGOM, MANGGALLOOR KARA, KOOVAPPALLY VILLAGE. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): --------------- 1. DR.SAJANMON K.ANTONY, KOKKATTUMUNDACKAL HOUSE, PAIKA, POOVARANY P.O., KOTTAYAM. 2. THE NEW INDIA ASSURANCE CO. LTD., KANJIKUZHY, KOTTAYAM, REP. BY ITS MANAGER. ADV. SRI.P.JAYASANKAR FOR R2 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.2082 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 appellants are wife and children of the deceased Mr.Parameswaran who died in a motor accident. The MACT found negligence on the bike rider who caused the accident and consequently Insurance Company is held liable to pay compensation. 2. On going through the award and after hearing the parties, we feel modification is required in regard to income fixed for the deceased which was taken at Rs.1,500/- per month. Loss of dependency was awarded after providing one third towards personal expenses. Having regard to the contentions raised that the deceased was a mechanic and was earning substantial amount, though not proved with adequate evidence, we feel net income after meeting personal expenses can be fixed at Rs.1,500/- per month. Consequently, for loss of dependency appellants are entitled to Rs.90,000/- as against Rs.60,000/- awarded by the MACT. We direct the additional compensation to be given to the wife of the deceased who is 2 stated to be the 6th appellant. We do not find any justification for increasing compensation on any other head and to any of other appellants. The Insurance Company is directed to deposit additional compensation with interest at 7.5% p.a. from date of application till date of payment and the MACT is directed to release the additional compensation with interest to the wife of the deceased. The appeal is allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms