IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH JANUARY 2007 / 29TH PAUSHA 1928 MACA.No. 1296 of 2005(C) ----------------------- OPMV.558/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANTS/PETITIONERS: ---------------------------------------- 1. NALINI, AGED 36 YEARS, W/O. RAJAGOPALAN @ MANU (LATE), CHITHRA NIVAS, P.O. PORUR, VANIYAMBALAM, MALAPPURAM DIST. 2. ASWATHI, AGED 16 YEARS, D/O. RAJAGOPALAN. 3. RAJESH, AGED 14 YEARS, S/O. RAJAGOPALAN, MINOR APPELLANTS 2 AND 3 REPRESENTED BY GUARDIAN MOTHER (1ST APPELLANT). BY ADV. SRI.P.SAMSUDIN SRI.P.BABU KARTHIKEYAN. RESPONDENTS: 3RD RESPONDENT: ---------------------------- UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, MANJERI. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.S. RADHAKRISHNAN & M.N. KRISHNAN, JJ. = = = = = == = = = = = = = = = = = = = = = M.A.C.A. NO. 1296 OF 2005 = = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of January, 2007. J U D G M E N T Krishnan,J. This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV) 558/00. The claimants are the widow and children of the deceased Rajagopalan who died in a road accident in 1999. The Tribunal awarded a total compensation of Rs.1,15,000/- and it is against that decision the present appeal is preferred. The Insurance Company has also entered appearance. 2. Heard both sides. A perusal of the award would reveal that the Tribunal has lost sight of the principles to be followed in awarding compensation in a death case. The deceased was aged 38 years and even if Rs.2,000/- is taken as the monthly income, the annual income would come to Rs.24,000/- and after deducting 1/3 for personal expenses, total annual dependency would come to Rs.16,000/-. The proper multiplier to be used is 16 and therefore the total loss of dependency would be Rs.2,56,000/-. MACA 1296 OF 2005 -:Page numbers:- The Tribunal has awarded only Rs.1,02,000/- under that head. Therefore, we award an additional compensation of Rs.1,54,000/- under that head. Though the wife was only aged 31 years and the children were aged 11 and 9 years respectively, no amount is seen awarded towards love and affection and consortium. This is a fit case where it can be awarded Rs.10,000/- each under those heads. Therefore, the claimants are entitled to an additional compensation of Rs.1,74,000/-. In the result, the M.A.C.A. is partly allowed and the claimants are awarded an additional compensation of Rs.1,74,000/- with 6% interest on the said sum from the date of petition till realisation and the Insurance Company is directed to deposit the same within a period of two months from the date of receipt of a copy of this judgment. K.S. RADHAKRISHNAN, JUDGE. M.N. KRISHNAN, JUDGE. ul/-