IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 MACA.No. 503 of 2004() ---------------------- OPMV.1281/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANTS/PETITIONERS 1 & 2 ------------------------------------------ 1. ALEXANDER, AGED 69 YEARS, SON OF VARKEY 2. ELSY, AGED 65 YEARS, WIFE OF ALEXANDER BOTH APPELLANTS ARE RESIDING AT MUDAVATHIL HOUSE, H.NO.172, LEKSHOM VEEDU, THEKKUMBHAGAM, TRIPUNITHURA. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.NITHYA.K. RESPONDENT(S): RESPONDENTS & PETITIONER NO.3 -------------------------------------------- 1. SAJAN PHILIP, ELAVUNEL HOUSE, KANAM P.O., KOTTAYAM DISTRICT. 2. ROY ANTONY, ELANJIPARAMBIL HOUSE, THENGAMAM, PERUMBANAD, CHANGANACHERRY. 3. THE ORIENTAL INSURANCE CO.LTD., MATTANCHERRY, COCHIN-2. 4. DALY W/O. LATE JAISON, AGED 29, MUDAVATHIL HOUSE, H.NO.172, LEKSHOM VEEDU, THEKKUMBHAGAM, TRIPUNITHURA. ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.503 of 2004 .................................................................... Dated this the 20th day of January, 2009. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellants and Standing Counsel for the Insurance Company. The appeal is filed for enhancement of compensation for the death of son of the appellants. Even though the deceased was married and his widow was also a claimant before the MACT, she has not chosen to file appeal because she is already remarried. First appellant is a pensioner and second appellant also appears to have some source of income. In any case application filed under Section 166 was later converted into an application under Section 163A. The MACT awarded compensation for loss of dependency by taking into account the monthly income of the deceased at Rs.1,500/-. The main contention of the appellants is that income fixed is very low. Being a professional driver of only 30 years of age, we feel Rs.1,500/- can be taken as the net income of the deceased i.e. after meeting cost of his personal expenditure. This will entitle the 2 claimants for additional compensation of Rs.48,000/-. Since 20% was payable to his widow who is no more dependent, we limit the enhancement to appellants to Rs.38,400/- which together with interest will be shared by the appellants equally. The Insurance Company is directed to deposit the additional compensation with interest at 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 C.K.ABDUL REHIM Judge pms