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 WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 MACA.No. 946 of 2007() ---------------------- OPMV.1204/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------- 1. KHADER, AGED 65 YEARS, S/O. AMMUNJI, PANAMPARAMBIL HOUSE, P.O.KARUPADANNA, THRISSUR DISTRICT. 2. FATIMA, AGED 62 YEARS, W/O. KHADER, PANAMPARAMBIL HOUSE, P.O.KARUPADANNA, THRISSUR DISTRICT. BY ADV. SRI.N.KRISHNANKUTTY PILLAI RESPONDENT(S): DEFENDANTS -------------------------- 1. SREE RAMAN, S/O. LATE R.KRISHNA IYER, KIZHAKKE MADOM, OORAKOM P.O., THRISSUR DISTRICT. 2. PADMANABHAN, S/O. RAMAN, VASUPURATH HOUSE, PANAMUKKU DESOM, KANIMANGALAM P.O., THRISSUR DISTRICT. 3. THE MANAGER, THE ORIENTAL INSURANCE CO. LTD., P.B.NO.158, THIRUVAMBADY DEVASWOM BUILDING, THRISSUR. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 ADV. SRI.P.DEEPAK FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.946 of 2007 .................................................................... Dated this the 21st day of January, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the death of the only son of the appellants. We have heard counsel appearing for the appellants and Standing Counsel for the Insurance Company. 2. The deceased was said to be an Air Condition Mechanic who while riding a bicycle was fatally knocked down by a bus which led to the claim. Since the bus is found to have caused the accident, insurer of the bus was made liable to pay the compensation. The only question to be considered is enhancement under various heads claimed by the appellants. 3. Counsel for the Insurance Company submitted that there is no evidence about the educational qualification or employment of the deceased. It is further pointed out that the income claimed was only Rs.2,000/- per month. The MACT took the monthly income of the deceased only at Rs.1,500/-. We feel this is too low because a trained 2 mechanic can earn much more. We, therefore, refix the income at Rs.1,800/- per month so that after deduction of one third towards personal expenses, the appellants will be entitled to have loss of dependency fixed by taking into account the net monthly income of the deceased at Rs.1,200/-. Even though Standing Counsel for the Insurance Company submitted that based on the reasoning in the award there will be a reduction in dependency after marriage of the deceased, we do not think any reduction is called for because we are not taking into account any incremental benefit in the income in future. Going by the age of the mother of the deceased, the multiplier is 13 as against 10 adopted by the MACT. This will entitle the appellants for compensation towards loss of dependency at Rs.1,87,200/- as against Rs.1,20,000/- granted by the MACT. Considering the fact that the deceased was the only son, we enhance the compensation for loss of love and affection by Rs.10,000/-. The additional compensation of Rs.77,200/- granted by us will carry interest at 7.5% p.a. 4. Counsel for the appellants raised a contention that the disallowance of interest from date of application till 28.7.2004 is not 3 justified because delay is on account of transfer of petition from MACT, Trichur to MACT, Irinjalakuda. However, Standing Counsel submitted that the petition got dismissed for defect and even restoration application was again dismissed for non-prosecution. We feel denial of interest for the entire period is not justified. However, from the date of rejection of the petition till date of restoration appellants will not be entitled to interest. The MACT is directed to grant interest from date of application till date of deposit, but after excluding the period during which the petition remained dismissed i.e. from the date of dismissal till date of restoration. The interest payable on the original compensation amount and the additional compensation granted by us will be at 7.5% p.a. for the period stated above. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms