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 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 MACA.No. 1571 of 2006() ----------------------- OPMV.769/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. BENNY P.C., S/O.P.K.CHERIAN, CHALUVELIL HOUSE, KUZHIMATTOM P.O., PANACHIKADU VILLAGE, KOTTAYAM. 2. AKHILA MARIA BENNY, D/O.P.C.BENNY, CHALUVELIL HOUSE, KUZHIMATTOM P.O., PANACHIKADU VILLAGE, KOTTAYAM (MINOR REPRESENTED BY HER FATHER BENNY P.C., S/O.P.K.CHERIAN, CHALUVELIL HOUSE, KUZHIMATTOM P.O., PANACHIKADU VILLAGE, KOTTAYAM). 3. ASHICK CHERIAN BENNY, S/O.P.C.BENNY, CHALUVELIL HOUSE, KUZHIMATTOM P.O., PANACHIKADU VILLAGE, KOTTAYAM (MINOR REPRESENTED BY HIS FATHER BENNY P.C.,S/O.P.K.CHERIAN, CHALUVELIL HOUSE, KUZHIMATTOM P.O., PANACHIKADU VILLAGE, KOTTAYM). 4. LEELAMMA KURIAN, W/O.KURIAN, CHALUVELIL HOUSE, KUZHIMATTOM P.O., PANACHIKADU VILLAGE, KOTTAYAM. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): RESPONDENTS -------------------------- 1. SINDHU PRADEEP, W/O.PRADEEP, NELLICKAL HOUSE, KUZHIMATTOM P.O., KOTTAYAM. 2. THE NEW INDIA ASSURANCE CO.LTD., KOTTAYAM. 3. SUDHEESH KUMAR @ SURAJ, S/O.SUKUMARAN, THAKIDIYEL PARAMBIL HOUSE, MOOLAMKULAM BHAGOM, CHANNANIKKADU P.O., PANACHICKADU VILLAGE. ADV. SRI.M.RAJAGOPALAN FOR R.2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1571 OF 2006 -------------------------------------------- Dated this the 20th day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the death of wife of first appellant, who is the mother of remaining appellants. We have heard counsel appearing for the appellants and have gone through the award. We find that MACT has granted fairly good compensation. However, additional compensation is called for under the head compensation for loss of dependency because going by the age of the deceased, multiplier should have been 17 as against 16 adopted by the MACT. This will entitle the appellants for additional compensation of Rs. 36,000/- which will carry interest at 7.5 per cent per annum from the date of application till date of payment. Appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 2