IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 MACA.No. 2008 of 2006() ----------------------- OPMV.1101/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): APPELLANTS/CLAIMANTS IN THE OP -------------------------------------------- 1. SUJATHA, W/O.LATE SUDHAKARAN, PALACKAL @ VADAKKEPAINKOMBIL, KOOTHATTUKULAM. 2. ANU, S/O. DO. DO. 3. VINU, S/O. DO. DO. 4. MINU, D/O. DO. DO. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): RESPONDENTS 1 & 2 IN THE OP ------------------------------------------ 1. PRADEEP KUMAR, SIVA BHAVAN, NATTASSERY, SH MOUNT PO, KOTTAYAM. 2. THE UNITED INDIA INSURANCE CO.LTD., VETTUKATTIL BUILDING, MG ROAD, ERNAKULAM. ADV. SMT.K.C.BEENA FOR R2 SRI.T.M.RAMAN KARTHA FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. -------------------------------------------- M.A.C.A. No. 2008 OF 2006 -------------------------------------------- Dated this the 7th day of April, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the death of husband of the first appellant, the remaining appellants being children of the deceased. Counsel for the appellants submitted that income adopted is low because toddy workers welfare fund inspector certified income of the deceased for 239 days at Rs. 49,680/-. However, on going through the award we find that the MACT has taken the income based on the certificate issued by the Welfare Fund Inspector for the immediately preceding year. We do not think there is any scope for enhancement of income by grossing up the income for the remaining period of the year in which the deceased died because income of toddy workers is not static or regular and keeps on fluctuating which is evident from the certificate issued by the Inspector himself. It is seen that for loss of dependency for the deceased, who died at the age of 48 2 years, the MACT awarded a compensation of Rs. 5,85,936/-. We feel the amount awarded is quite reasonable and there is no scope for enhancement. However, considering the age of three children of the deceased, we enhance the compensation for loss of love and affection by another Rs. 10,000/- which will carry interest at the rate of 7.5 per cent per annum from the date of application till date of deposit. Appeal is allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk 3