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. 958 of 2004(G) ----------------------- OPMV.1875/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): APPELLANTS ------------------------ 1. SHAMSUDHEEN, S/O.MOIDEEN, MARUTHUMKUDY HOUSE, EDATHALA NORTH P.O., ALUVA. 2. SULAKHA, W/O.SHAMSUDHEEN, MARUTHUMKUDY HOUSE, EDATHALA NORTH P.O., ALUVA. 3. FAYAS, S/O.SHAMSUDHEEN, MARUTHUMKUDY HOUSE, EDATHALA NORTH P.O., ALUVA. 4. RIYAS (MINOR), S/O.SHAMSUDHEEN, MARUTHUMKUDY HOUSE, EDATHALA NORTH P.O., ALUVA, REP. BY HIS FATHER AND NEXT FRIEND SHAMSUDHEEN, MARUTHUMKUDY HOUSE, EDATHALA NORTH P.O., ALUVA. BY ADV. SRI.M.A.ABDUL HAKHIM RESPONDENT(S)/RESPONDENTS & CLAIMANT NO.4: --------------- 1. ITTY JACOB, LUCKY STAR BUILDINGS, MARKET ROAD, KOCHI-35. 2. ANIL DOMINIC, S/O.K.P.DOMINIC, KARUVELY HOUSE, CHUNANGAMVELI, ALUVA. 3. UNITED INDIA INSURANCE CO.LTD., B.O.III, HOSPITAL ROAD, ERNAKULAM. 4. M.K.ABDUL BASHEER, MANNAMKUZHY HOUSE, O.S.A. LANE, ALUVA. 5. THE ORIENTAL INSURANCE COMPANY LTD., BANK JUNCTION, ALUVA. 6. FIROZ, S/O.SHAMSUDHEEN, MARUTHUMKUDY HOUSE, EDATHALA NORTH P.O., ALUVA. ADVS. SRI.T.J.THOMAS FOR R1 SRI.A.R.GEORGE FOR R3 AND R5 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. 958 of 2004 --------------------------------------------------------- Dated this the 17th day of November, 2008 JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. Appeal is filed for enhancement of compensation granted for the death of the son of appellants 1 and 2 in a road accident. 2. While the case of the appellants is that the income of the deceased fixed at Rs.3,000/- per month is very low, Standing Counsel appearing for the Insurance Company pointed out that the claim itself was for Rs.3,000/- per month. We are not in a position to fix the monthly income of the deceased because he was only a student at the time of the accident and death. However, it is conceded by both sides that while working out compensation for loss of dependency, the Tribunal committed a calculation mistake which requires correction leading to enhancement of M.A..C.A. NO. 958/2004 2 Rs.9,600/-. Accordingly, compensation granted for loss of dependency will stand enhanced from Rs.2,35,200/- to Rs.2,44,800/-. We feel some enhancement is called for, for love and affection to the mother and the siblings of the deceased. We, therefore, grant an additional amount of Rs.20,000/- under this head. The additional compensation will carry interest at the rate of 7.5 % per annum from the date of application till date of payment. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A..C.A. NO. 958/2004 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 958/2004 JUDGMENT 17th November, 2008 M.A..C.A. NO. 958/2004 4