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 TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 MACA.No. 407 of 2004() ---------------------- OPMV.2074/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): PETITIONERS/APPELLANTS ------------------------------------ 1. NARAYANAN S/O. KUTTAN, PACHEEKKAL FROM KANDAMALA, PARAMPRAM KARA, MUTTUCHIRA VILLAGE 2. MADHAVI W/O. NARAYANAN, DO. DO. 3. CHANDRAN S/O. NARAYANAN, DO.DO. 4. BABU S/O. NARAYANAN, DO.DO. BY ADV. SRI.MOHAN IDICULLA ABRAHAM SRI.MARTIN D.ALUMKARA SRI.ROY GEORGE RESPONDENT(S): RESPONDENTS 1-3 & ADDL.RESPDTS. 4-5 -------------------------------------------------- 1. POULOSE @M ROY S/O. JOSEPH, PUTHENPARAMBIL,MEMURI KARA, MANJOOR VILLAGE. 2. PATHROSE JOY S/O. PATHROSE CHIRAYIL VEEDU, MEMURI KARA, MANJOOR 3. THE NATIONAL INSURANCE CO. LTD., KOTTAYAM REPRESENTED BY ITS MANAGER. 4. THANKAMMA W/O. C.M.MOHANAN CHETTUPARAMBIL, T.V.PURAM, VAIKOM. 5. SANTHAMMA W/O. PAPPACHAN, KOCHUKALAYIL, KAPPUNTHAL P.O., MUTTUCHIRA. ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 407 OF 2004 -------------------------------------------- Dated this the 20th day of January, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the death of the son of the first appellant in a road accident. We have heard counsel appearing for the appellant and standing counsel appearing for the insurance company. 2. The main grievance of the appellants is against adoption of Rs. 1,250/- as the monthly income of the deceased who was working as a cleaner in the bus involved in the accident. Standing counsel appearing for the insurance company submitted that income stated in the application itself was accepted by the MACT and there is no justification for demanding fixation of higher monthly income. It is seen that employer has given a certificate to the effect that deceased was employed on daily wages of Rs. 70/- . However, it is not known whether cleaner will be employed on all 30 days in a month. In any 2 case, we feel reasonable income Rs.1800/- can be fixed for the deceased and after deducting one third towards personal expenses, compensation for loss of dependency will be Rs. 1,15,200/- as against Rs. 80,000/- granted by MACT. Additional compensation of Rs. 35,200/- granted by us will carry 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. (C.K. ABDUL REHIM) Judge. kk 3