IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MACA.No. 1154 of 2006() ----------------------- AGAINST THE ORDER DATED / / IN OPMV429/2003 IN OPMV.430/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. LINI THOMAS, W/O.LATE K.C.THOMAS, KOCHIKUNNEL HOUSE,18TH MILE,KOLICHAL P.O., PANATHADY,KAZARGOD DIST.,PANATHOOR VILLAGE, HOZDURG TALUK. 2. ALEENA THOMAS,AGED 4 YEARS, NEXT FRIEND GUARDIAN MOTHER LINI THOMAS, W/O.LATE K.C.THOMAS,KOCHIKKUNNEL HOUSE, 18TH MILE, KOLICHAL, P.O.PNANTHADY, KASARAGODE DISTRICT,PANATHADY VILLAGE, HOSDURG TALUK. 3. LINOS THOMAS, AGED 2 YEARS, NEXT FRIEND GUARDIAN MOTHER LINI THOMAS, W/O.LATE K.C.THOMAS, KOCHIKKUNNEL HOUSE,18TH MILE, KOLICHAL, P.O.PANANTHADY,KASARAGOD DISTRICT, PANATHADY VILLAGE,HOSDURG TALUK. 4. ANESH THOMAS,AGED 1 MONTH. NEXT FRIEND GUARDIAN MOTHER LINI THOMAS, W/O.LATE K.C.THOMAS, KOCHIKKUNNEL HOUSE, 18TH MILE, KOLICHAL,P.O.PANATHADY, KASARAGOD DISTRICT,PANATHADY VILLAGE, HOSDURG TALUK. 5. ANNAMMA CHACKO,W/O.LATE CHACKO, 18TH MILE, KOLICHAL P.O., PANATHADY, KASARAGOD DISTRICT, PANATHADY VILLAGE. BY ADV. SRI. SUBHASH SYRIAC RESPONDENT(S): RESPONDENTS 1 TO 3 --------------------------------- 1. BINU M.P.S/O.M.V.POTHAN, MELEDATHU HOUSE NADUMGOME POST, KANNUR DISTRICT, KATTUMUGAM. 2. P.PATHUMMA,W/O.ABOOBAKER, PERALAKATH HOUSE,KOTOOR POST, SREEKANDAPURAM, KANNUR DISTRICT. 3. THE MANAGER, ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, MARINA SHOPPING CENTRE, N.H.TALIPARAMBA. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1154 of 2006 .................................................................... Dated this the 17th day of November, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of husband of the first appellant who is the father of remaining appellants. We have heard counsel for the appellant and Standing Counsel for the Insurance Company. 2. Deceased at the time of accident was employed in Sharja. However, the MACT for want of evidence fixed his monthly income at Rs.2,400/- per month and determined compensation for loss of dependency. Counsel for the appellants relied on Bank records which show the remittances made in Foreign Exchange to the NRI Account maintained by the deceased. Standing Counsel submitted that there is no evidence about the education or regular earning of the deceased abroad and the NRI Account also does not show any pattern of regular monthly remittance. It is also brought to our notice that visa of the deceased was only for few years. Even though we recognise the 2 position that employment abroad, that too, in the middle-east is not certain for a long period, we feel atleast a reasonable income should be fixed for the purpose of grant of compensation for loss of dependency to the appellants. Taking into account atleast a few years' employment abroad for the deceased, we feel atleast an annual income of Rs.45,000/- should be fixed for the deceased. The relevant multiplier is 15. Consequently, after deducting one third towards personal expenses of the deceased, the appellants will be entitled to compensation for loss of dependency at Rs.4,50,000/- as against Rs.2,88,000/- granted by the MACT. Besides this, we grant an additional compensation of Rs.15,000/- towards loss of love and affection and towards loss of consortium. The additional compensation granted by us will carry 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 HARUN-UL-RASHID Judge pms