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 FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 MACA.No. 1591 of 2004() ----------------------- OPMV.620/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): APPELLANTS/PETITIONERS: ------------------------------------- 1. K.KAMALAM, W/O. LATE RAJAN, AGED 32 YEARS, NARIPARACHALLA, GOVINDAPURAM, MUTHALAMADA, CHITTUR. 2. MAHENDRAN, AGED 11 YEARS, S/O. LATE RAJAN, -DO- -DO-. 3. MANOHARAN, AGED 9 YEARS, S/O. LATE RAJAN, -DO- -DO-. 4. PAZHANISWAMI, AGED 55 YEARS, -DO- -DO-. 5. VALLIYAMMA @ VESUMMA, AGED 50 YEARS, W/O. PAZHANISWAMI, -DO- -DO-. (MINOR APPELLANTS NOS. 2 AND 3 ARE REPRESENTED BY THEIR GUARDIAN THE 1ST APPELLANT). BY ADV. SRI.C.RAGHAVAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. MUHAMMED YAKOOB @ YAKOOB, S/O. ABDUL REHMAN, ANAMARY P.O., NANDANKIZHAY, MUTHALAMADA VILLAGE, CHITTUR TALUK. 2. N.K.ABDUL REHMAN, S/O. JALUDHEEN, NANDANKIZHAY, ANAMARI P.O., -DO- -DO-. 3. UNITED INDIA ASSURANCE CO., PALAKKAD. 4. SALUDHEEN @ SALUHEEN, S/O. ABDULKAREEM, NARIPPARACHALLA VILLAGE, CHITTUR TALUK. 5. PRABHAKARAN, S/O. CHELLAN, PALLAM HOUSE, MUTHALAMADA P.O., CHITTUR TALUK. 6. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, GURUVAYOOR ROAD, KUNNAMKULAM. ADV. SRI.AGINOV MATHAPPAN FOR R3 SRI.P.V.JYOTHI PRASAD FOR R6 SMT.K.SHERIN MOHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C.K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 1591 OF 2004 -------------------------------------------- Dated this the 23rd day of January, 2009 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 the children and parents of the deceased. We have heard counsel appearing for the appellant and standing counsel appearing for the third respondent-insurance company and standing counsel for the sixth respondent. The award is against third respondent, who was the insurer of the tractor which knocked down the autorickshaw in which deceased was travelling at the time of the accident. Since the accident is admitted, what is required to be considered is enhancement of compensation claimed by the appellants. The accident was on 17.2.1997. The deceased was admittedly a worker in a stone quarry. Appellants claim daily income of Rs. 100/- for the deceased at the time of the accident. Appellant's first grievance is against rejection of the claim by the MACT. We find force in this contention because we find Rs. 100/- is a moderate claim for a worker in a stone quarry. Considering the age of the deceased who was only 2 35 years at the time of the accident, we fix his monthly income at Rs. 3,000/-. Even after deducting one third towards personal expenses, the monthly income available for determining compensation for loss of dependency is Rs. 2,000/-. Applying the multiplier applicable, that is 16, appellants will be entitled to compensation for loss of dependency at Rs. 3,84,000/- as against Rs. 1,96,000/- granted by MACT. The compensation granted for loss of love and affection to the children who are only aged 7 and 9 years at Rs. 5000/- is very low and we enhance the compensation by further sum of Rs. 5,000/-. The deceased died after three days in the hospital and therefore we grant a sum of Rs. 3,000/- for pain and suffering. The additional compensation of Rs. 2 lakhs granted by us will carry interest at 7.5 per cent per annum from the date of application till date of payment. Out of the compensation deposited with interest Rs. 25,000/- each should be given to parents of the deceased and balance will be given to the wife and minor children. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (C.K. ABDUL REHIM) Judge. kk 3