IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 30TH JULY, 2008 / 8TH SRAVANA, 1930 MACA.No. 311 of 2003 (OP(MV).366/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR) .................... APPELLANTS/PETITIONERS: ----------------------------------- 1. T.T.JOSE, S/O. LATE THOMAS, THETTAYIL HOUSE, ANGAMALY. 2. GRACY JOSE, W/O. T.T.JOSE, THETTAYIL HOUSE, ANGAMALY. BY ADV. SRI.JOSE THETTAYIL RESPONDENTS/RESPONDENTS: -------------------------------------- 1. JAIS VARGHESE S/O. P.T..VARGHESE, PARAPPILLY HOUSE, THURAVOOR, ANGAMALY. 2. GEORGE THOMAS @ JOJO S/O. THOMAS, THALIPURAM HOUSE, ANGAMALY. 3. THE ORIENTAL INSURANCE CO. LTD., KALLOOKKARAN SHOPPING COMPLEX, 1ST FLOOR, ANGAMALY 683 572 BY ADV. SRI.ANCHAL C.VIJAYAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- M.A.C.A.No. 311 of 2003 B --------------------------------------------- Dated this the 30th day of July, 2008 J U D G M E N T Ramachandran Nair,J: Heard counsel for the appellants. The appeal is filed for enhancement of compensation. We have gone through the award and we notice that in spite of the claim of the appellants that the deceased was a business man earning Rs.3500/- per month and partnership deed was produced in which he was a partner, the Tribunal fixed the monthly income as Rs.1500/- per month. We do not find anything to disbelieve the claim of the appellants that the deceased was engaged in business. However, we reduce the claim made by the appellants from Rs.3500/- to Rs.2250/- and fix the monthly income at this rate for fixation of compensation for loss of dependency, after deducting one-third towards personal expenses which would come to Rs.1500/-. The contribution of the deceased to his family for the first four years at the rate of Rs.1500/- per month and for the remaining four years at the rate of MACA NO.311 of 2003 :-2-: Rs.750/- per month is fixed at Rs.1,08,000/- as against Rs.72,000/- awarded by the M.A.C.T. for the loss of dependency. The insurance company is directed to pay the additional compensation with interest at the rate of 7.5% per annum from the date of application till the date of realisation. The appeal is disposed of as above. C.N.RAMACHANDRAN NAIR, Judge V.K.MOHANAN, Judge MBS/ MACA NO.311 of 2003 :-3-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. -------------------------------------------- M.A.C.A.NO. 311 OF 2003 -------------------------------------------- J U D G M E N T DATED:30-7-2008 MACA NO.311 of 2003 :-4-: