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 30TH JULY 2009 / 8TH SRAVANA 1931 MACA.No. 1119 of 2006() ----------------------- OPMV.343/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANTS/PETITIONERS: ------------------------------- 1. LAISAMMA SAJU, AGED 30 YEARS, W/O.SAJU CHACKO (LATE), MANNARIDATH HOUSE, P.O.PALLIKKUTH, PANAMANNA, CHUNGATHARA, NILAMBUR TALUK, MALAPPURAM DIST. 2. JOJO, AGED 6 YEARS (MINOR REPRESENTED BY MOTHER IST APPELLANT), DO. DO. 3. RAHELAMMA CHACKO, AGED 69 YEARS, MOTHER OF DECEASED SAJU CHACKO, DO. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): 3RD RESPONDENT: ----------------------------- M/S.UNITED INDIA INSURANCE CO.LTD., KARAD BRANCH OFFICE, `B' BUILDING, BHATTAD COMPLEX, SHANIWAR PETHDATTA CHOWK, KARD-415110 MAHARASTRA. ADV. SMT.T.C.SOWMIAVATHY FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No.1119 of 2006 -------------------------------------- Dated this the 30th day of July, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. Wife, minor son and mother of a person died in a motor vehicle accident, who were claimants before the Tribunal, are in appeal seeking enhancement of the compensation awarded. The deceased while travelling in a goods vehicle(Tempo) loaded with cement bags sustained severe injuries when its driver lost control over the vehicle and it plunged into a deep valley. The deceased succumbed to the injuries sustained at the hospital. The deceased was aged 29 years at the time of accident. He was working as a 'Generator Operator'. The appellants claimed that he was earning monthly income of Rs.3600/-. But the Tribunal adopted only a notional income of Rs.1500/- per month for the purpose of computing loss of estate and dependency. 2. Heard, learned counsel appearing for the appellant and Standing Counsel appearing for the respondent/Insurance company. The appellant contended that the Tribunal went highly erred in not adopting the monthly income of the deceased as proved through Ext.A6 employment certificate. On a perusal of the evidence we notice that inspite of production of Ext.A6, it MACA.1119/ 06 2 was not properly proved by examining the person who had issued the certificate. However, considering the fact that there is evidence to show that the deceased was working with a contractor and he was travelling along with the cement load to the work site, we are persuaded to hold that the rate of notional income fixed by the Tribunal at Rs.1,500/- per month is on the lower side. We are inclined to accept monthly income of the deceased as Rs.2,000/- on a moderate basis. Calculated at the above said rate, the amount of Rs.2,16,000/- awarded for loss of dependency need be re-fixed as Rs.2,88,000/-. This will entitle the appellants for an additional sum of Rs.72,000/-. 3. It is further contended by the appellants that inspite of the fact that the minor child of the deceased is a claimant, the Tribunal has not awarded anything towards loss of love and affection. So also it is contended that the amount of Rs.10,000/- awarded under the head of loss of consortium is on the lower side. We are inclined to grant the sum of Rs.10,000/- under the head of loss of love and affection. We are also inclined to increase the amount of compensation awarded under the head of loss of consortium by a sum of Rs.5000/-. 4. The learned counsel appearing for the appellant sought enhancement of the rate of interest awarded by the Tribunal, contending that 6% interest granted is highly on the MACA.1119/ 06 3 lower side. We are inclined to increase the rate of interest to 7.5%. Accordingly we hold that the appellants are entitled to a total enhancement of Rs.87,000/- along with an increase in the rate of interest to 7.5%. In the result the appeal is partly allowed enhancing the compensation of Rs.2,51,500/- awarded by the Tribunal by a further sum of Rs.87,000/-. The original amount as well as enhancement granted in this appeal will carry interest @ 7.5% per annum from the date of claim petition till payment. The respondent/Insurance company is directed to make payment of the amount within a period of 2 (two) months from the date of receipt of the Judgment. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb