IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 MACA.No. 874 of 2008() ---------------------- OPMV.1710/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): -------------- 1. CHATHU, 63 YEARS, S/O.CHOZHI, (FATHER OF THE DECEASED), RESIDING AT PALLIKKATHODI HOUSE, MUNDAKKAL, MOOCHIKKAL, CHIRAYIL P.O., KONDOTTY, MALAPPURAM DISTRICT. 2. DEVAKI, AGED 51 YEARS, W/O.CHATHU, (MOTHER OF THE DECEASED),RESIDING AT PALLIKKATHODI HOUSE, MUNDAKKAL, MOOCHIKKAL, CHIRAYIL P.O., KONDOTTY, MALAPPURAM DIST. 3. SINDHU, AGED 28 YEARS, W/O.DEVADASAN ALIAS DASAN (W/O.DECEASED), RESIDING AT PALLIKKATHODI HOUSE, MUNDAKKAL, MOOCHIKKAL, CHIRAYIL P.O., KONDOTTY, MALAPPURAM DISTRICT. 4. SISHIDA.A.V., AGED 10 YEARS (MINOR) D/O.DEVADASAN ALIAS DASAN (D/O.DECEASED) RESIDING AT PALLIKKATHODI HOUSE, MUNDAKKAL, MOOCHIKKAL, CHIRAYIL P.O., KONDOTTY, MALAPPURAM DT 5. DEEPA, AGED 7 YEARS (MINOR), D/O.DEVADASAN ALIAS DASAN (D/O.DECEASED) RESIDING AT PALLIKKATHODI HOUSE, MUNDAKKAL, MOOCHIKKAL, CHIRAYIL P.O., KONDOTTY, MALAPPURAM DT 6. DIVYA, AGED 2 1/2 YEARS (MINOR) D/O.DEVADASAN ALIAS DASAN (D/O.DECEASED) RESIDING AT PALLIKKATHODI HOUSE, MUNDAKKAL, MOOCHIKKAL, CHIRAYIL P.O., KONDOTTY, MALAPPURAM DT (MINOR APPELLANTS 4,5 AND 6 ARE REP. BY THEIR MOTHER 3RD APPELLANT SINDHU. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.S.SHYAM PRASANTH 2 RESPONDENT(S): --------------- 1. ABDUL KAREEM KAVUNGUMTHODI, S/O.MOIDEENKUTTY, KOTTUKKARA, KONDOTTY, MALAPPURAM DISTRICT (DRIVER) 2. K.HAFSATH, W/O.MOHAMMED ABDURAHIMAN, THARUVARA HOUSE, KOTTUKKARA, KONDOTTY, MALAPPURAM DISTRICT (DRIVER) 3. THE NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICER, MANJERI (INSURER) R3 BY ADV. SRI.RAJAN P.KALIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 874 OF 2008 -------------------------------------------- Dated this the 15th day of October, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellants and standing counsel appearing for the third respondent. Appeal is for enhancement of compensation for the death of husband of the third appellant, the remaining appellants being parents and minor children of the deceased. The main grievance raised in the appeal is about income fixed for the deceased for the computation of loss of dependancy. We feel modification is called for because MACT has fixed the gross monthly income for a conductor at Rs. 2000/- per month. Going by the prevalent rates a monthly income of Rs. 3000/- in 2003 is not high. In the circumstances, we refix the income at Rs. 3000/- per month and after deducting one-third towards personal expenses, we fix the net income at Rs. 2000/- per month. Consequently appellants will be entitled to compensation for loss of dependancy of Rs. 4,08,000/- as against Rs. 2,72,000/- granted by the 2 MACT. Similarly for loss of love and affection to the appellants and for loss of consortium to the third appellant, we grant a further sum of Rs. 14,000/- making the total additional compensation to Rs. 1.5 lakhs. The Insurance company is directed to deposit additional compensation with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal stands allowed to be above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3