IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 MACA.No. 1507 of 2005() ----------------------- OPMV.1192/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANTS/PETITIONERS: ------------------------------------- 1. VIJAYAKUMARI, 38 YEARS, W/O. LATE RADHAKRISHNAN, PALENGARA HOUSE, SANTHIGRAMA, BOOTHANAM P.O., CHUNGATHARA. 2. PRAVEEN, 12 YEARS, MINOR D/O. LATE RADHAKRISHNAN. 3. ANJU, 9 YEARS, MINOR, D/O. LATE RADHAKRISHNAN, (APPELLANTS NOS.2 & 3 ARE REPRESENTED BY THIER MOTHER THE 1ST APPELLANT AS GUARDIAN). BY ADV. SRI.K.P.MUJEEB RESPONDENT(S): --------------- 1. ABOOBACKER, 51 YEARS, S/O. MUHAMMED, VARIKKODAN HOUSE, PONGALLOOR, MAMPAD P.O., (DRIVER). 2. SUNIL JOHN, S/O. JOHN, VAZHAMBATHOTTUM HOUSE, ADAKKAKUNDU P.O., KALIKAVU, MALAPPURAM DISTRICT. (OWNER). 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, MANNARKKAD P.O. ADV. SMT.SHOBA ANNAMMA EAPEN FOR R1 & R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/12/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1507 OF 2005 -------------------------------------------- Dated this the 16th day of December, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the death of husband of the first appellant in a road accident, the remaining appellants being minor children of the deceased. The main contention raised is against fixation of low income for the deceased for the computation of compensation for loss of dependency. MACT adopted Rs. 1500/- as monthly income of the deceased because no proof was available about the actual income. However, it is seen that the deceased was a headload worker and Union certified his income as Rs. 6,000/- per month. Even though certificate is not believable as such, we feel some enhancement is called for. Accordingly we refix the monthly income of the deceased at Rs. 2,250/- and after deducting one- third towards personal expenses, appellants will be entitled to compensation for loss of dependency based on the net annual income 2 of Rs. 18,000/- and by applying same multiplier, the appellants will be entitled to additional compensation of Rs. 96,000/- which will carry interest at 7.5 per cent per annum from the date of application till date of payment. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3