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 27TH AUGUST 2008 / 5TH BHADRA 1930 MACA.No. 395 of 2005() ---------------------- OPMV.230/1999 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANTS/PETITIONERS --------------------------------------- 1. MAHIJA VATAVATHY D/O. RAGHAVAN, W/O. LATE MANOHARAN K., AGED 32 YEARS, KUNHIPARAMBATH HOUSE, MERUVAMBAYI, NEERVELI P.O. 2. MANEESH VATAVATHY S/O. LATE MANOHARAN K., AGED 10 YEARS, KUNHIPARAMBATH HOUSE, MERUVAMBAYI, NEERVELI P.O. 3. SHANEEMA VATAVATHY D/O. LATE MANOHARAN K., AGED 9 YEARS KNHIPARAMBATH HOUSE, MERUVAMBAYI, NEERVELI P.O., (MINOR APPELLANTS NO.2 AND 3 REPRESENTED BY MOTHER AND GUARDIAN, 1ST APPELLANT HEREIN) BY ADV. SRI.M.SASINDRAN SRI.SREEJITH S.NAIR RESPONDENTS: RESPONDENTS ------------------------ 1. P.A.JOSE, S/O. ANTONY, PALLIKUNNEL HOUSE, THONDIYIL P.O., PERAVOOR. 2. V.YOUSUF, S/O. V.HAMEED, PALOTTPALLI, P.O.MATTANNUR. 3. THE NEW INDIA ASSURANCE COMPANY LTD., KANNUR. BY ADV. SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 395 OF 2005 -------------------------------------------- Dated this the 27th day of August, 2008 JUDGMENT Ramachandran Nair,J. This appeal is filed for enhancement of compensation for the death of husband of the first appellant, who was father of appellants 2 and 3. The deceased died at the prime age of 38 years in a road accident. The contention of counsel for the appellants is that compensation awarded for loss of dependency is very low. However, counsel for the Insurance Company contended that MACT has awarded compensation adequately in accordance with structured formula under II schedule to the Act as application was filed under Section 163-A of the Act. We find force in the contention of appellants that income fixed Rs. 1500/- per month is very low because even as a coolie deceased would have been earning at least above Rs. 3000/- per month. We feel an amount of Rs. 3000/- will be reasonable income for a healthy man. Accordingly we refix the income at Rs. 3,000/- per 2 month and after meeting personal expenses the net loss of dependency is Rs. 2000/- per month. Applying the same multiplier, that is 16, the appellants will be entitled to Rs. 3,84,000/- towards loss of dependency as against Rs. 1.89 lakhs (correct figure is Rs. 1,92 lakhs) granted by the MACT. The insurance company is directed to deposit additional compensation with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3