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 THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 MACA.No. 1419 of 2006() ----------------------- OPMV.2632/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANTS/PETITIONERS: ------------------------------ 1. A. THOMAS, AGED 59 YEARS, SON OF OUSO. 2. LEELA THOMAS, AGED 53 YEARS, WIFE OF A.THOMAS. 3. SHALBIN TOMS, AGED 28 YEARS, SON OF A.THOMAS. ALL APPELLANTS ARE RESIDING AT VATTAPARAMBIL HOUSE P.O. KUTTIKKATTUKARA, PATHALAM. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI RESPONDENT(S): RESPONDENTS: -------------------------------- 1. N.K. NAJEEV, S/O. KAREEM, MANOLIPARAMBIL HOUSE, VATTEKUNNAM, EDAPPALLY NORTH, COCHIN-24. 2. VARGHESE K.KURIAKOSE, S/O.KURIAKOSE, KOOLIYATTIL HOUSE, MAPRANAM KARA,KAKKANADU VILLAGE. 3. THE UNITED INDIA INSURANCE COMPANY LTD., CITY BRANCH, SHANMUGHAM ROAD, COCHIN-31. ADV. SRI.P.M.M.NAJEEB KHAN FOR R.3 SRI. RANJITH THAMPAN FOR R1 SMT.P.A. ANITHA FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No.1419 of 2006 -------------------------------------- Dated this the 30th day of July, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. Parents and younger brother of a person who died in a motor vehicle accident, who were claimants before the Tribunal, are in appeal seeking enhancement of the compensation awarded. The accident occurred when a Bus hit against the motor cycle on which the deceased was riding. According to the appellants the deceased was working as a Trainee in a private company at Kakkanad. The deceased was qualified in Welding Technology and Ext.A11 and A12 certificates were produced to prove his qualification and proficiency. Ext.A9 is the salary certificate produced in which it is stated that the deceased would have become permanent employee of the company after six months and thereafter he would have received monthly salary at the rate of Rs.3,000/-. The deceased was aged 22 years at the time of accident. The Tribunal had calculated the loss of estate and dependency adopting monthly income of the deceased as Rs.1,800/-. Considering the fact that the parents and younger brother alone are the claimants and also considering the fact that there is probability of the deceased getting married within a MACA.1419/ 06 2 short period, if he would have been alive, the Tribunal calculated full dependency only for a period of six years and thereafter at a reduced rate of 50% for the further period of 11 years. Thus the total loss of dependency is calculated at Rs.1,65,600/- and including other heads the total compensation of Rs.3,95,600/- is awarded. 2. Heard, learned counsel for the appellants and Standing Counsel appearing for the 3rd respondent/ Insurance company. Contention of the appellant is that the Tribunal went highly erred in discarding Ext.A9 certificate produced with respect to proof of income. But Ext.A9 is only to the effect that the deceased on successful completion of training would have got a monthly salary of Rs.3,000/-. However considering the fact that there is proof regarding the technical qualification of the deceased we are inclined to accept that the notional income of Rs.1,800/- fixed by the Tribunal is highly on the lower side. We moderately estimate the notional income of the deceased as Rs.3,000/- per month, taking note of his future prospects in life as a qualified welding technician. On the said basis, after deducting 1/3rd for personal expenditure, we fix monthly income for the purpose of computation as Rs.2,000/- for the initial 6 years and Rs.1,000/- per month for the remaining period of 11 years. Thus total compensation under the head of loss of MACA.1419/ 06 3 dependency need be re-fixed as Rs.2,76,000/- instead of Rs.1,65,600 awarded by the Tribunal. (2000 x 12 x 6 + 1000 x 12 x 11). This will entitle the appellants for an additional sum of Rs.1,10,400/-. 3. It is vehemently contended by the appellants that the amount of Rs.10,000/- awarded as compensation towards love and affection is highly on the lower side. We are inclined to increase the amount under that head by a further sum of Rs.10,000/-. Thus the appellants are entitled for a total enhancement of Rs.1,20,400/-. In the result the appeal is partly allowed enhancing the total compensation of Rs.3,95,600/- by a further sum of Rs.1,20,400/- which will carry interest @ 7.5% per annum from the date of claim petition till payment. The 3rd respondent/Insurance company is directed to make payment of the amount within a period of 2 (two) months from the date of receipt of this Judgment. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb