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. 240 of 2004() ---------------------- OPMV.1009/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): APPELLANTS/CLAIMANTS ---------------------------------- 1. GRACY W/O. LATE ALIAS, MENACHERY HOUSE, ANGAMALY P.O., ANGADIKADAVU. 2. SINDHU D/O. LATE ALIAS, MENACHERY HOUSE, ANGAMALY P.O., D/B.3-3-1981. 3. SOBHA D/O. LATE ALIAS, MENACHERY HOUSE, ANGAMALY P.O;, D/B.4-3-1985. 4. STEPHY D/O. LATE ALIAS, MENACHERY HOUSE, ANGAMALY P.O., (MINOR) REPRESENTED BY NATURAL GURADIAN AND MOTHER GRACY.D/B 2-3-1990. 5. VARGHESE S/O. CHACKO, MANACHERY HOUSE, ANGAMALY P.O., ANGADIKADAVU. 6. MARIAMMA W/O. VARGHESE, MENACHERY HOUSE, ANGAMALY P.O., ANGADIKADAVU. BY ADV. SRI.MATHEW SKARIA SRI.JOY JOSEPH RESPONDENT(S): RESPONDENTS -------------------------- 1. MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM. 2. ABRAHAM S/O. KURIAKO, POIKKA HOUSE, PANGOD DESOM, IYKARANADU, ERNAKULAM DISTRICT. 3. P.D.DEVASSYKUTTY, PARACKAL HOUSE, KALLUPALAM ROAD, KOTHUKULANGARA, ANGAMALY. 4. NATIONAL INSURANCE CO.LTD., BRANCH-II, IIIRD FLOOR, AJAY VIHAR, M.G.ROAD, ERNAKULAM -682 016. ADV. SRI.JAMES KOSHY.N., SC. KSRTC FOR R1 SMT.SARAH SALVY FOR R4 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. 240 OF 2004 -------------------------------------------- Dated this the 20th day of January, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the death of husband of the first appellant who was the father of appellants 1 to 4 and son of appellants 5 and 6. We have heard counsel appearing for the appellants, standing counsel appearing for the KSRTC and counsel appearing for the insurance company. Appellants' case is that income adopted for the deceased who was an experienced driver of a tanker lorry is very low. Even though counsel for the appellants pleaded for enhancement of monthly income to Rs. 5,000/- based on certificate issued by the employer, standing counsel for the insurance company opposed the same stating that the person who issued the certificate was not the registered owner of the vehicle. In any case, we feel reasonable income has to be fixed for the deceased who was aged 41 years and was an experienced heavy vehicle driver. Since the accident occurred in February, 1998 we refix his income at Rs. 3000/- per month and after deducting one third towards his personal expenses, appellants would be entitled to have the net income of the deceased fixed at Rs. 2,000/- per month for determination of loss of dependency. This will entitle the appellants for compensation for loss of dependency at Rs,3,60,000/- as against Rs. 2,39,940/- granted by the MACT. Additional compensation of Rs. 1,20,060/- granted by us will carry interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (C.K. ABDUL REHIM) Judge. kk