IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 MACA.No. 232 of 2003() ---------------------- OPMV.1103/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANTS/PETITIONERS 2,3,4: ------------------------------------- 1. MARIYAMMA, W/O. UMMEN THARAKAN, MULAMOOTTIL, KALAYAPURAM, KOTTARAKKARA. (MOTHER OF THE DECEASED). 2. VIJI THARAKAN, D/O. UMMAN THARAKAN, MULAMOOTTIL, KALAYAPURAM, KOTTARAKKARA. (SISTER OF THE DECEASED). 3. JOHH THARAKAN, S/O. UMMAN THARAKAN, MULAMOOTTIL, KALAYAPURAM, KOTTARAKKARA. BY ADV. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) SRI.V.J.JOHN RESPONDENT(S): RESPONDENTS: --------------------------- 1. THOMAS JOHN, S/O. YOHANAN, P.Y. BUNGLOW, KARUVATTA. P.O., ADOOR, PATHANAMTHITTA. 2. UDAYAKUMAR, S/O. KUTTAPPAN, 'UDYA BHAVAN', PAZHAKULAM P.O., ADOOR, PATHANAMTHITTA. 3. THE BRANCH MANAGER, ORIENTAL INSURANCE CO.LTD., BRANACH OFFICE, PUNALUR. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.232 of 2003 .................................................................... Dated this the 20th day of January, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of son of the first appellant who was brother of the other appellants. The father of the deceased died during pendency of the claim petition. Compensation is seen granted by the MACT by applying the multiplier applicable to the age of the mother. Deceased was only 22 years of age at the time of accident and he was a Diploma holder in Pharmacy. 2. Counsel for the appellants submitted that income adopted at Rs.1,300/- per month is very low because deceased was a qualified Pharmacist. Standing Counsel for the Insurance Company submitted that deceased was not employed and therefore, only notional income could be adopted. However, considering the educational qualification and eligibility for employment, we feel gross income of Rs.2,250/- can be fixed for the deceased, which after meeting personal expenses of the deceased would have left a net monthly income of Rs.1,500/-. 2 Applying the same multiplier, the eligible compensation for loss of dependency will be Rs.2,34,000/- as against Rs.1,35,200/- granted by the MACT. No other modification is called for in the impugned award. We direct the Insurance Company to deposit the additional compensation with interest at 7.5% p.a. from date of application till date of payment. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms