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 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 MACA.No. 410 of 2004() ---------------------- OPMV.1404/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANTS/PETITIONER IN O.P.M.V. ----------------------------------------------- 1. SUBRAN, CHAKKRAMATHPADY HOUSE, CHERUVALOOR P.O. MUKUNDAPURAM TALUK. 2. SHEEJA, D/O.SUBRAN, DO. DO. 3. DASAN, S/O.SUBRAN, DO. DO. 4. DILEEP, S/O.SUBRAN, DO. DO. 5. NISHA(MINOR), AGED 17 YEARS, REP. BY HER FATHER, IST APPELLANT SUBRAN, DO. DO. DO. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN O.P.(MV). --------------------------------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. P.J.VARGHESE, S/O.P.JOSEPH, PARATHUR HOUSE, KALLATHANJUR, THRISSUR. ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 410 OF 2004 -------------------------------------------- Dated this the 10th day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the death of the son of the first appellant, who is the father of remaining appellants. We have heard counsel appearing for the appellants and standing counsel appearing for KSRTC. 2. Counsel for the appellants contended that income of the decased fixed at Rs. 1500/- per month is very low as he was a salesman in a vegetable shop. Standing counsel for the insurance company submitted that deceased was only a SSLC and as salesman in a vegetable shop he cannot earn more than Rs. 1500/- per month, which is the amount fixed by MACT. It is also pointed out that the multiplier adopted under the Second Schedule is wrong because as against 17 MACT adopted 18. We feel some enhancement of income is called for because even as salesman the deceased would have been able to earn 2 more than what is fixed by MACT because vegetable shops run upto late hours in a day. However, taking into account the objection of KSRTC we refix the monthly income at Rs. 1800/- and take Rs. 1200/- per month for the purpose of determination of loss of dependency. Applying the correct multiplier 17, the eligible compensation will be Rs. 2,44,800/- as against Rs. 2,16,000/- granted by MACT. Appeal stands allowed to the above extent directing the KSRTC to deposit additional compensation with interest at 7.5 per cent per annum from the date of application till date of deposit. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3