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 THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 MACA.No. 2086 of 2008(G) ------------------------------------- O.P.(MV).NO.92/2005 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA. .................... APPELLANTS/ PETITIONERS: ------------------------------------------ 1. BALAKRISHNAN, S/O.GOVINDAN NAIR, RESIDING AT KUNIYIL HOUSE, P.O.KUNDUTHODE, PIN-673513, KAVILUMPARA AMSOM DESOM, VATAKARA TALUK. 2. CHANDRY, W/O.BALAKRISHNAN, RESIDING AT KUNIYIL HOUSE, P.O.KUNDUTHODE, PIN-673 513, KAVILUMPARA AMSOM DESOM, VATAKARA TALUK. BY ADVS. MR.T.SETHUMADHAVAN, MR.PUSHPARAJAN KODOTH, MR.K.JAYESH MOHANKUMAR. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. RAJESH.K.R, S/O.RAJU, RESIDING AT KOTTA VALAPPIL HOUSE, P.O.KUNDUTHODE, PIN-673 513, KAVILUMPARA AMSOM DESOM, VATAKARA TALUK. 2. THE NEW INDIA ASSURANCE CO.LTD, BRANCH OFFICE, EDODI.P.O, VADAKARA-1, PIN-673101. R2 BY ADV. SMT. A.C.DEVY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM,JJ. ------------------------------- MACA.NO. 2086 of 2008 --------------------------------- Dated this the 5th day of February, 2009 JUDGMENT Ramachandran Nair,J. This appeal is filed for enhancement of compensation for the death of the son of the appellants. We heard counsel appearing for the appellants and the Standing Counsel appearing for the Insurance Company. The deceased was only 24 years of age at the time of the accident. The main grievance of the appellants is that the income adopted for determination of compensation at Rs.1500/- is too low. We find force in this contention because even as a daily worker the deceased would have been able to earn atleast Rs.3000/- to Rs.4000/- a month. However,since he would have married later, the dependency of the parents can be taken based on a lessor monthly income of Rs.1500/- after meeting the personal expenses of the deceased. This will entitle the appellants for a total compensation of the loss of dependency at Rs.2,70,000/- as against Rs.1,56,000/- granted by the MACT. No other modification is called for to the MACA.2086 /2008 2 compensation awarded. The additional compensation of Rs.1,40,000/- granted by us will carry interest at the rate of 7.5% p.a. from the date of application till the date of payment. The appeal is allowed to above extent. C.N.RAMACHANDRAN NAIR,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ The figure “Rs.1,40,000/-” occurring in the last sentence in the judgment dated 5.2.2009 in MACA.2086/2008 is corrected as “Rs.1,14,000/-” as per order dated 29.5.2009 in I.A.855/2009. Sd/- Registrar (Judicial) MACA.2086 /2008 3