IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 MACA.No. 887 of 2005() ---------------------- OPMV.929/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANTS ------------------------ 1. KURUVILLA VARKEY @ JOY, THANAVELIL, MUTTAMBALAM, KOTTAYAM. 2. VALSA KURUVILLA, W/O.KURUVILLA VARKEY, MUTTAMBALAM, KOTTAYAM. 3. SANTHOSH.T. KURUVILLA, S/O.KURUVILLA VARKEY, MUTTAMBALAM, KOTTAYAM. 4. LEENA, D/O.KURUVILLA VARKEY, MUTTAMBALAM, KOTTAYAM. BY ADV. SRI.P.RAVINDRA BABU SRI.M.P.MADHAVANKUTTY RESPONDENT(S): --------------- 1. M/S.ANNAMALAI ROADWAYS COMPANY LTD., (PROP. ANNAMALA AGENCIES), 504/2-B, NOW SOORAPALAYAM VILLAGE, POLLACHI MAIN ROAD, EACHANANI P.O., COIMBATORE. 2. P.KANNAPPAN, S/O.PALANI SWAMY, 3/15 ALAMPALAYAM, ERIPPETTY P.O., POLLACHI. 3. UNITED INDIA INSURANCE CO.LTD., COIMBATORE. ADV. SRI.C.V.BIMAL ROY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 887 OF 2005 -------------------------------------------- Dated this the 18th day of September, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellants. Appeal is filed for enhancement of compensation awarded by the MACT for the death of son of appellants 1 and 2 and brother of appellants 3 and 4. Even though counsel for the appellants contended that the deceased was earning a monthly income of Rs. 10,000/- in the business in automobile spares, we do not find any evidence in support of the same. If the deceased was in business and was earning monthly income of Rs. 10,000/-, the deceased would have taxable turnover which required registration under the Sales Tax Act and payment of sales tax. There is nothing to indicate that the deceased had even registration under the KGST Act for his business. Further, receipts produced for payment of income tax prove that payments were made after the death of the deceased and it is clear from the tax receipts that the deceased did not 2 have even PAN number. Therefore the documents relied on by the appellants are unreliable and rightly rejected by the MACT. Since MACT has fixed reasonable income for the purpose of compensation for loss of dependency, we do not want to interfere with the compensation awarded. However, we feel that appellants are entitled to enhancement of compensation under two heads, one for loss of love and affection and the other for pain and sufferings. Under the former head, we increase the compensation from Rs. 10,000/- to Rs. 25,000/- and under the latter head from Rs. 5,000/- to Rs. 10,000/-. The insurance company is directed to deposit additional compensation of Rs. 20,000/- with 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. (HARUN-UL-RASHID) 3 Judge. kk