IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MACA.No. 360 of 2005() ---------------------- OPMV.2246/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S)/PETITIONERS 1 TO 3 AND LR. OF 4TH APPELLANT: ------------------------------------- 1. PONNAMMA VARGHESE, KUNATHARAYIL HOUSE, MOOLAVATTOM P.O., NATTAKOM, KOTTAYAM. 2. BIBIN VARGHESE, S/O. LATE VARGHESE, KUNNATHARAYIL HOUSE, MOOLAVATTOM P.O., NATTAKOM, KOTTAYAM, MINOR REPRESENTED BY HIS GUARDIAN & MOTHER 1ST APPELLANT. 3. BONNY VARGHESE, S/O. LATE VARGHESE, KUNNATHARAYIL HOUSE, MOOLAVATTOM P.O., NATTAKOM, KOTTAYAM. 4. K. CHACKO, KUNNATHARAYIL HOUSE, NANNAMUKKU VILLAGE, PONNANI TALUK, P.O. PADAVANUR, MALAPPURAM DISTRICT. 5. K. OMANA, D/O. KUNJAMMA, NANNAMUKKU VILLAGE, PONNANI TALUK, P.O. PADAVANNUR, MALAPPURAM DISTRICT. BY ADV. SRI.T.K.VENUGOPALAN RESPONDENT(S)/RESPONDENTS 1 TO 5 AND LRS OF 4TH APPELLANT KUNJAMMA: --------------- 1. NITHYAGOPAL MONDAL HARAJPUR, SURI, (DISTRICT), BIRBHUM, WEST BENGAL. 2. AZAHAR-ALAMGIR, NEW MARKET, P.S. PATNA, PATNA DISTRICT, BIHAR. 3. ORIENTAL INSURANCE COMPANY LIMITED BAKER JUNCTION, KOTTAYAM. 4. NEW INDIA ASSURANCE COMPANY LTD., KOTTAYAM. 5. NATIONAL INSURANCE CO.LTD., KOTTAYAM. 6. K.I. ROBIN, INDIAN IRON & STEEL COMPANY LTD., CHASNALA P.O., DHANBAD DISTRICT, BIHAR. ADVS. SRI.KKM.SHERIF FOR R4 SRI.A.A.ZIYAD RAHMAN FOR R4 SMT.SARAH SALVY FOR R5 SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 360 OF 2005 --------------------------------------------------------- Dated this the 17th day of November, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of the husband of the first appellant, remaining appellants being the children and parents of the deceased. We have heard counsel appearing for the appellants and Standing Counsel appearing for the Insurance Company. 2. The main contention raised by the appellants is that the income of the deceased fixed at Rs.3,000/- per month is very low. Counsel for the appellants specifically pointed out that inspite of production of records including audited accounts of the firm of which the deceased was a partner and T.D.S. certificate issued by the main contractor, the Motor Accidents Claims Tribunal, Kottayam took into account only the salary of the deceased for fixing compensation for loss of dependency. We find force in this contention. Besides the salary income, partners of the firm are entitled to the share of profits of the firm. It is seen from the records that the deceased was getting a sum of Rs.14,888/- towards share of the income from one firm alone. It is also seen from the records that the deceased was M.A..C.A. NO.360/2005 2 partner in another firm engaged in the same business. His income is not fully brought on record. 3. Considering all these and the fact that the deceased was a contractor doing business in West Bengal, we refix his gross income at Rs.6,000/- per month. After deducting one-third towards personal expenses, the monthly income of the deceased can be taken as Rs.4,000/- and applying the same multiplier, that is 15, the appellants will be entitled to get Rs.7,20,000/- for loss of dependency as against Rs.3,97,000/- granted by the Tribunal. We do not find any ground to increase the compensation under the other heads. The additional compensation granted by us will carry interest at the rate of 7.5% per annum from the date of application till date of payment. The amount will be payable by the 5th respondent. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A..C.A. NO.360/2005 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 360/2005 JUDGMENT 17th November, 2008