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 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 MACA.No. 1227 of 2006(A) ----------------------- OPMV.551/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANTS/PETITIONERS: ------------------------------ 1. VASAMMU AMMAL @ VASU AMMAL, W/O. NARAYANA GUPTHAN, PUTHE VEETTIL THALAYANAKKAD, KADAMPOOR P.O., SREEKRISHNAPURAM, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. GEEETHA, W/O. LATE RAMAKRISHNAN PUTHEN VEETIL, THALAYANAKKAD, KADAMPOOR P.O., SREEKRISHNAPURAM, OTTAPALAM TALUK, PALAKKAD DISTRICT. 3. AJITH, S/O. RAMAKRISHNAN, PUTHEN VEETIL, THALAYANAKKA, KADAMPOOR P.O., SREEKRISHNAPURAM, OTTAPALAM TALUK, PALAKKAD DISTRICT. (MINOR) REP. BY MOTHER AND NATURAL GUARDIAN GEETHA, W/O. LATE RAMAKRISHNAN DO. DO. 4. AKSHAYA, S/O. RAMAKRISHNAN, PUTHEN VEETIL, THALAYANAKKAD, KADAMPOOR P.O., SREEKRISHNAPURAM, OTTAPALAM TALUK, PALAKKAD DIST. (MIONR) REP. BY MOTHER AND NATURAL GUARDIAN GEETHA W/O. LATE RAMAKRISHNAN, DO. DO. 5. RADHAMANI, D/O. RAMAKRISHNAN, PUTHEN VEETIL, THALAYANAKKAD, KADAMPOOR P.O., SREEKRISHNAPURAM, OTTAPALAM TALUK, PALAKKAD DISTRICT. (MINOR) REP. BY MOTHER AND NATURAL GUARDIAN GEETHA, W/O. LATE RAMAKRISHNAN DO. DO. MACA : 1227/06 6. RUGMINI, D/O. RAMAKRISHNAN, PUTHEN VEETIL, THALAYNAKKAD, KADAMPOOR P.O., SREEKRISHNAPURAM, OTTAPALAM TALUK, PALAKKAD DIST. (MINOR) REPRESENTED BY MOTHER AND NATURAL GUARDIAN GEETHA W/O. LATE RAMAKRISHNAN, DO. DO. BY ADV. SRI.THOMAS ABRAHAM SRI.K.B.ARUNKUMAR RESPONDENTS/RESPONDENTS: ---------------------------------- 1. RAMACHANDRAN, S/O. KUMARN, MALALYIL VEEDU, ELAMBULASSERY, OTTAPALAM TALUK (DRIVER OF KL-9F 1060 BUS, DL NO.347/93 BADGE NO.1/261/95). 2. THE MANAGING PARTER, MAYLVAHANAM MOTORS, SHORANUR (OWNER OF KL-9F 1060 BUS). 3. THE NEW INDIA ASSURANCE CO.LTD. II, JRJ COMPLEX OTTAPALAM (INSURER OF KL-9F 1060 BUS POLICE NO.761103/31/03/01463 VALID FROM 27/05/2003 TO 26/05/2004). R3 BY ADV. SRI.S.MAMMU THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1227 OF 2006 -------------------------------------------- Dated this the 10th day of December, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the death of son of the first appellant, who is the husband of the second appellant, and father of remaining appellants. We have heard counsel appearing for the appellants. Even though appellants claim that deceased was running a hotel and was earning a monthly income of Rs. 12,000/- per month, no proof was produced for the same. Therefore we feel the income estimated at Rs. 3,000/- per month is quite reasonable. However, we find force in the contention that multiplier applied is not correct because the deceased was only about 40 years of age at the time of accident. Applying the correct multiplier, appellants should be entitled to compensation for loss of dependency at Rs. 3,60,000/- as against Rs. 2,64,000/- granted by MACT, which will carry interest at 7.5 per cent per annum on the entire compensation including additional MACA : 1227/06 2 compensation from the date of application before MACT till date of payment. Appeal stands allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk MACA : 1227/06 3