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 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MACA.No. 587 of 2004() ---------------------- OPMV.1153/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM APPELLANT(S)/PETITIONERS: 1. MRS.MALLIKA, AGED 37 YEARS, W/O. LATE SASI, EDAYADATH HOUSE, CHEMPU P.O., KATTIKKUNNU, VAIKOM. 2. MRS. KAMALAKSHI, AGED 74 YEARS, W/O. LATE NARAYANAN, EDAYADATH HOUSE, CHEMPU P.O., KATTIKKUNNU, VAIKOM. 3. MISS.SHAMA (MINOR), AGED 18 YEARS, D/O. LATE SASI, EDAYADATH HOUSE, CHEMPU P.O., KATTIKKUNNU, VAIKOM, REPRESENTED BY HER NEXT FRIEND AND MOTHER MALLIKA (THE 1ST APPELLANT HEREIN ABOVE). 4. MASTER SHAMKUMAR (MINOR) AGED 15 YEARS, S/O. LATE SASI, EDAYADATH HOUSE, CHEMPU P.O., KATTIKKUNNU, VAIKOM, REPESENTED BY HIS NEXT FRIEND AND MOTHER MALLIKA (THE 1ST APPELLANT HEREIN ABOVE). BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT(S)/RESPONDENTS: 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. MR. THOMAS, AGED 49 YEARS, S/O. THOMAS, THEKKANAL HOUSE, CHANGODIKKARA, THRIKKODITHANAM VILLAGE, CHANGANASSERY, KOTTAYAM. ADV. SRI.JAMES KOSHY.N., SC. KSRTC FOR R1 ADV. SRI. SAJEEV KUMAR GOPAL. SC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 587 OF 2004 --------------------------------------------------------- Dated this the 17th day of November, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of the husband of the first appellant, remaining appellants being the mother and minor children of the deceased. We have heard counsel for the appellant and Standing Counsel appearing for the K.S.R.T.C. 2. We find force in the contention of the appellant's counsel that the gross monthly income fixed for a head load worker aged 39 at Rs.1,600/- is very low. Counsel has relied on the salary certificate issued by the Kerala Head load Workers' Welfare Fund Board and contended that the fortnightly income of the deceased was Rs.1,500/- and odd and, therefore, the income fixed by the Tribunal is not even 50% of the actual income. Standing Counsel appearing for the K.S.R.T.C. submitted that the salary certificate does not mention the period pertaining to the income referred to therein. He also brought to our notice that in a place like Vaikom where economic activities are very limited, income of a Head load worker cannot M.A.C.A. NO.587/2004 2 be fixed at par with the income of a Head load worker in other towns. However, we feel at least Rs.2,400/- per month can be fixed as gross income because the deceased was only 39 years of age at the time of accident and death. After deducting one-third towards personal expenses, the net monthly income will come to Rs.1,600/-. Similarly applying the correct multiplier which is 16, the appellants will be entitled to a compensation of Rs.3,07,200/- for loss of dependency as against Rs.1,92,000/- granted by the Tribunal. No other modification is called for. The additional amount will carry interest at the rate of 7.5% per annum from the date of application till date of payment. There will be a direction to the K.S.R.T.C. to deposit 50% of the amount payable as above within one month from the date of receipt of a copy of this judgment and the balance 50% within six months thereafter. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO.587/2004 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 587/2004 JUDGMENT 17th November, 2008 M.A.C.A. NO.587/2004 4