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 16TH JULY 2008 / 25TH ASHADHA 1930 MACA.No. 313 of 2003() ---------------------- OPMV.357/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT - PETITIONERS ---------------------------------------- 1. V.RAJU, AGED 47 YEARS, RESIDING AT HOUSE NO.49, MALI P.O., VANDANMEDU, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 2. PAPPA, W/O.V.RAJU, AGED 38 YEARS, RESIDING AT -DO- -DO- -DO- 3. RAJA S/O.V.RAJU, AGED 18 YEARS, RESIDING AT -DO- -DO- -DO- 4. SELVAN, S/O.V.RAJU, AGED 14, RESIDING AT -DO- -DO- -DO-, MINOR REPRESENTED BY HIS FATHER, V.RAJU, IST APPELLANT AS NEXT FRIEND). BY ADV. SRI.C.K.VIDYASAGAR SRI.P.CHANDY JOSEPH RESPONDENTS: RESPONDENTS ------------------------ 1. SURESHKUMAR, S/O.KARUNAKARAN, SURESH BHAVAN, VANDANMEDU P.O., AMAYAR VANDANMEDU VILLAGE, IDUKKI DISTRICT. 2. T.G.SAMBASIVAN, THUDIKIYIL HOUSE, KOCHERA.P.O., NELLIMALAKANDOM, CHETTUKUZHY, IDUKKI. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, KATTAPPANA. BY ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.313 of 2003 .................................................................... Dated this the 16th day of July, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellants and Standing Counsel for the Insurance Company. The appeal is filed for enhancement of compensation awarded for the death of son of appellants 1 and 2 who was the brother of appellants 3 and 4. We find some force in the contention that the monthly income fixed for the 23 years old estate worker who died in the accident at Rs.1,500/- is too low. We, therefore, increase the same to Rs.2,000/-. Consequently, compensation payable for loss of dependency will be Rs.1,12,000/- as against Rs.84,000/- granted by the Tribunal. The Insurance Company will deposit the additional compensation with 7.5% interest per annum from date of application till date of deposit. The Insurance Company will be free to recover the additional compensation and interest also from the insured in terms of the original award. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms