IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 MACA.No. 1339 of 2004() ----------------------- OPMV.105/1999 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S)/PETITIONERS: ------------------------------------- 1. LAKSHMI @ SATHI, D/O. RAMAN, AGED 45 YEARS, RESIDING AT PALAKKAL HOUSE, P.O. PANAVALLI, WYNAD DISTRICT. 2. SAJAN P., S/O. RAVEENDRAN, AGED 30 YEARS, PALAKKAL HOUSE, P.O. PANAVALLI, WYNAD DISTRICT. 3. P. SINDHU, D/O. RAVEENDRAN, AGED 27 YEARS, PALAKKAL HOUSE, P.O. PANAVALLI, WYNAD DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): 3RD RESPONDENT: ------------------------------ NEW INDIA ASSURANCE CO.LTD., MUNICIPAL T.B. SHOPPING COMPLEX, M.G. ROAD, THALASSERY. ADV. SRI.P.G.GANAPPAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 1339 OF 2004 --------------------------------------------------------- Dated this the 30th day of October, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of the husband of the first appellant who was the father of the remaining appellants. 2. The deceased while walking on the road was knocked down by a scooter. The Additional Motor Accidents Claims Tribunal, Thalassery found the rider of the scooter negligent and in turn awarded compensation against the insurer. While the case of the appellants is that the income of the deceased fixed at Rs.1,500/- per month is too low, standing counsel appearing for the Insurance Company contended that in the absence of any proof of income, the income fixed at Rs.1,500/- per month is quite reasonable and in accordance with the statue. M.A.C.A. NO.1339/2004 2 3. We notice that the deceased was 55 years of age and even as a coolie, he would have been able to earn at least Rs.3,000/- per month. Even after deducting one-third towards personal expenses, the deceased will be left with a net saving of Rs.2,000/- per month and applying the correct multiplier of 8 based on the age of the deceased, loss of dependency should be Rs.1,92,000/- instead of Rs.1,20,000/- granted by the Tribunal. We also notice that compensation awarded for loss of consortium is very low. Similarly compensation awarded for pain and suffering requires enhancement. Appellants have a case that no compensation was awarded towards cost of transportation of the injured to the hospital and later after his death for transportation of body from the hospital to the house. Considering all these claims and the enhancement granted by us for loss of dependency, we enhance the total compensation to Rs.2,15,000/- with a direction to the Insurance Company to deposit the additional compensation granted by us with interest at the rate of 7.5 % per annum from the date of application till date of deposit. There will be a direction to the Tribunal to deposit the compensation awarded in the name of the first appellant in the District Treasury on long term basis beyond three years so that the first appellant can get maximum rate of interest which is payable on monthly basis from the treasury. If the Tribunal is satisfied about the genuineness of the need of the first appellant, it is free M.A.C.A. NO.1339/2004 3 to release any reasonable amount to her and the balance amount shall be deposited as above. The appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO.1339/2004 4 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 1339/2004 JUDGMENT 30th October, 2008