IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 MACA.No. 1421 of 2005(B) ----------------------- OPMV.1451/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANTS/PETITIONERS: ------------------------------------- 1. MADHAVI AMMA. 2. PRABHAKARAN, S/O. MADHAVI AMMA. 3. SASIDHARAN, S/O. MADHAVI AMMA. 4.SHAJI MOL, D/O. MADHAVI AMMA ALL ARE RESIDING AT PITHARATH HOUSE, PALLIPPURAM P.O., KODANNUR, THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SRI.SREEKANTH.K.R SRI.JIBU P THOMAS RESPONDENT(S): RESPONDENTS: --------------------------- 1. CLARA D.COSTA, RESIDING AT H.NO.35, TARIPANTO, SONGNAM, GOA. 2. KUSTH B.GUNA, RESIDING AT H.NO.15, KARA CONA, GOA. 3. THE NATIONAL INSURANCE COMPANY LIMITED, MARCHON BUILDING, OP.LOHIA MAIDAN, MARGAO, GOA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON 29/06/2009 DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. NO:1421 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th Day of June , 2009. JUDGMENT K. M. Joseph J. The appellants are the claimants in a petition filed under Section 163A of the Motor Vehicles Act. The Tribunal has awarded a total sum of Rs.1,78,297/- against the claim of Rs.4,00,000/-. Aggrieved by the compensation awarded the claimants filed this petition. 2. The first appellant is the mother, appellants two to four are the brothers and sister of the deceased. The Tribunal has awarded the compensation in favour of the first appellant with 6% interest. Learned counsel for the appellant would submit that the amount Rs.1,500/-, taken as monthly income is not correct. We notice that the first appellant is treated as the dependant of the deceased and appellants 2, 3 and 4, the brothers and sister cannot M.A.C.A. NO:1421 OF 2005 : 2 : be treated as dependents. Actually the deduction towards personal expenses of the deceased should have been at the rate of one half, here it is taken as one third. Even though we are inclined to increase the income slightly, we would think that in view of the circumstances of the case as noted, the compensation awarded cannot be said to be unjust. But we feel that the appellant is entitled to succeed so far as interest is concerned. Interest awarded at 6% is to be enhanced to the rate 7.5%. Accordingly the Appeal is allowed in part and the first appellant is allowed to realise the amount awarded with interest at 7.5% instead of 6% from the date of petition till the date of realisation, from the respondents. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE. dl/