IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 MACA.No. 2003 of 2005() ----------------------- (AGAINST THE AWARD DATED 11/07/2005 IN OPMV.11809/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI) .................... APPELLANT(S): PETITIONERS NO.1 TO 5 ---------------------------------- 1. KOTTANGODAN ASMABI, AGED 26 YEARS, W/O.LATE RASHEED AKKARAMMAL. 2. MOHAMMED SHAMSUDIN, AGED 7 YEARS, S/O.LATE RASHEED AKKARAMMAL. 3. SHAMNASHERI, AGED 6 YEARS, D/O.LATE RASHEED AKKARAMMAL. 4. MOIDEEN AKKARAMMAL, AGED 56 YEARS, S/O.UNNEEN(FATHER). 5. AYISA, W/O.MOIDEEN AKKARAMMAL, AGED 51 YEARS, (MOTHER) ALL THE APPELLANTS RESIDING AT THUVVUR AMSOM, PALAKKAVATTA, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): 3RD RESPONDENT ----------------------------- M/S. ORIENTAL INSURANCE CO LTD., BRANCH OFFICE, JASEELA COMPLEX, NILAMBUR ROAD, MANJERI-676 121. ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.A.C.A. No. 2003 of 2005 --------------------------------- Dated, this the 2nd day of September, 2008 J U D G M E N T Ramachandran Nair, J. Heard learned counsel appearing for the appellants and learned standing counsel for the Insurance Company. 2. The husband of the first appellant, who is father of appellants 2 & 3 and son of appellants 4 & 5, died in a motor bike accident while he was traveling as a pillion rider. The total compensation awarded for the death is Rs.2,54,175/-, out of which Rs.2,04,000/- represents compensation for loss of dependency. The Insurance Company does not appear to be disputing liability because no appeal is seen filed against the award. Therefore, the only question to be considered is enhancement of compensation claimed by the appellants. We find force in the contention of the learned counsel for the appellants that the income fixed at Rs.1,500/- per month is too low because the identity card produced shows that the deceased was a head load worker. Even though there is no evidence with regard to the amount of income that the deceased was earning, M.A.C.A.No.2003/2005 -2- we feel a reasonable estimate is called for. Since the deceased was only 25 years of age at the time of death and even if his income per month is fixed at Rs.2,000/-, loss of dependency will be Rs.2,72,000/-, after deducting personal expenses, as against Rs.2,04,000/- granted by the MACT. Therefore, we increase the compensation under this head from Rs.2,04,000/- to Rs.2,72,000/-. We also find that the loss of consortium granted is only Rs.10,000/- even though the 1st appellant was only 22 years of age at the time of death of her husband. Further no compensation is awarded to the minor children for loss of love and affection. Therefore, we enhance the compensation for loss of consortium and also for loss of love and affection to the appellants from Rs.10,000/- to Rs.40,000/-. The Insurance Company is directed to deposit the additional compensation with interest @ 7.5% from the date of application till date of payment. The appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg