IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MACA.No. 548 of 2006() ---------------------- (OPMV.453/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD) APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. PONNAMMA.P.N, AGED 37 YEARS, W/O.LATE SHAJU KUMAR, VELLARIKUNDU, PRAPPA VILLAGE, HOSDURG TALUK, P.O.VELLARIKUNDU. 2. SONIYA, AGED 15 YEARS, MINOR, STUDENT, REPRESENTED BY NEXT FRIEND, GUARDIAN MOTHER IST PETITIONER, PONNAMMA.P.N. 3. ARUN, AGED 9 YEARS, MINOR, REPRESENTED BY NEXT FRIEND, GUARDIAN, MOTHER IST PETITIONER PONNAMMA.P.N. BY ADV. SMT.K.V.BHADRA KUMARI SMT.ANILA GEORGE RESPONDENT(S): --------------- 1. AMBUKKAN KALATHIL MOHANDAS, S/O.ANANDAN, AGED 54 YEARS, CHOODIKETTU AMSOM, PUTHALAM DESOM, MAHE. 2. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, KIZHAKKEKOTTA, THIRUVANANTHAPURAM. 3. NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, THIRUVANANTHAPURAM, P.O. B.NO. 434, ST.JOSEPH'S PRESS BUILDING, VAZHUTHAKAD, THIRUVANANTHAPURAM-14. ADV. SRI.M.A.GEORGE FOR R3 ADV. SRI.JOHNSON P.JOHN, SC, KSRTC FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.548 of 2006 .................................................................... Dated this the 17th day of November, 2008. JUDGMENT Ramachandran Nair, J. The appeal is filed for enhancement of compensation for the death of husband of the first appellant who is the father of remaining appellants. We have heard counsel appearing for the appellants, Standing Counsel appearing for the Insurance Company and Standing Counsel for KSRTC. 2. The accident happened when husband of the first appellant as driver of the lorry was changing the tyre of the truck at 8.30 in the night. A KSRTC bus hit the deceased along with another person standing by the side of the truck. The driver of the truck whose wife is the first appellant, died on account of injury sustained in the accident. The MACT found the KSRTC driver liable for the accident. Consequently the insurer of the bus is called upon to pay the compensation. 3. The main ground raised in the appeal is against fixation of low 2 income for the deceased for granting compensation for loss of dependency. We find force in the contention of the appellants that the gross income taken at Rs.1,500/- is quite low. We feel a heavy vehicle driver will be able to earn Rs.3,000/- per month. Accordingly we refix the income of the deceased at Rs.3,000/-. After deducting one third towards personal expenses and by applying the same multiplier, appellants will be entitled to compensation for loss of dependency at Rs.3,84,000/- as against Rs.1,92,000/- granted by the MACT. Besides this, considering the age of the appellants, we enhance compensation for loss of consortium to the first appellant by another Rs.10,000/- and for loss of love and affection to the remaining appellants by Rs.10,000/-. The additional compensation of Rs.2,12,000/- granted by us will carry interest at the rate of 7.5% p.a. from date of application till date of payment. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms