IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 MACA.No. 857 of 2005() ---------------------- OPMV.1500/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANTS/APPLICANTS: ------------------------------------ 1. ALIES, CHARUVILA PUTHEN VEEDU, ANAKUZHY,VADAKEKARA, POONKULAM, VELLAYANI P.O., THIRUVANANTHAPURAM. 2. N. GOPI, PREMODH VILASOM, VADAKKETHATTUVILA, POONKULAM, THIRUVANANTHAPURAM. 3. OMANA, MAVUVILA VEEDU, VENNIYOOR, NELLIVILA P.O., THIRUVANANTHAPURAM. 4. RAJAMMA, PINARUVILA VEEDU, THOTTIVILA, KALLIYOOR P.O, THIRUVANANTHAPURAM. 5. SUBHADRA, ETHAYIL VILAKOM, KOLIYOOR, MUTTACAUD P.O., THIRUVANANTHAPURAM. 6. N. VIJAYAN, VADAKKEKARA VEEDU, KAROTTUKONAM, POONKULAM, VELLAYANI P.O., THIRUVANANTHAPURAM. 7. N. VISWAMBHARAN, VADAKKUMKARA PUTHEN VEEDU, POONKULAM, VELLAYANI P.O., THIRUVANANTHAPURAM. 8. N. NATARAJAN, ANAKKUZHI VADAKKEKARA PUTHEN VEEDU, POONKULAM, VELLAYANI P.O., THIRUVANANTHAPURAM. 9. VASANTHA, CHARUVILA PUTHEN VEEDU, ANAKUZHI VADAKKEKARA, POONKULAM, VELLAYANI P.O., THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- 1. C.P. VENUGOPAL, NALUKUTTE HOUSE, KAMALESWARAM, MANACAUD P.O., THIRUVANANTHAPURAM. 2. RAJESH, S/O. SASIDHARAN NAIR, KALPAKASSERI, THIRUVALLAM, PAACHALLOOR, THIRUVALLAM P.O, THIRUVANANTHAPURAM. 3. THE MANAGER, UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE NO.II, MALANKARA BUILDING, 2ND FLOOR, PALAYAM, THIRUVANANTHAPURAM. ADV. SRI.P.MURALEEDHARAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.857 of 2005 .................................................................... Dated this the 3rd day of June, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation awarded for the death of the son of the first appellant, who was the brother of the remaining appellants. We have heard counsel for the appellants and Standing Counsel for the Insurance Company. The deceased while walking on the road was fatally hit down by a tipper lorry. He was around 34 years old and was unmarried at the time of accident. According to the claimants, deceased was looking after the family consisting of widowed mother, unmarried sisters etc. Counsel for the Insurance Company submitted that there is no evidence about age, education and employment of the deceased and even in the absence of any evidence, MACT granted reasonable compensation. The appellants also have no claim about education or employment of the deceased. On the other hand, they concede that he was only a tree climber or otherwise a daily wage earner supporting the family. 2 Considering the age and employment as a tree climber which the deceased was and considering the age of the dependent namely, the mother, we enhance the total compensation from Rs.1,11,000/- to Rs.2 lakhs with direction to the Insurance Company to deposit the additional compensation amount with interest at 7.5% p.a. from date of application till date of payment. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms