IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 MACA.No. 617 of 2006() ---------------------- OPMV.796/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): APPELLANTS/PETITIONER: ------------------------------------ 1. ANIAMMA THOMAS, AGED 40 YEARS, W/O. LATE K.J. THOMAS, KARIMBANAKKAL HOUSE, PARAPPA VILLAGE, HOSDURG TALUK, P.O. PLACHIKKARA. 2. AKHIL. K. THOMAS, AGED 17 YEARS, (DATE OF BIRTH 8/11/1988). 3. ANJITH K. THOMAS, AGED 15 YEARS, (DATE OF BIRTH 18/12/1990). 4. ABHITHA. K. THOMAS, AGED 13 YEARS, (DATE OF BIRTH 28/6/1992), APPELLANTS NO.2,3 AND 4 ARE MINORS REPRESENTED BY THEIR GUARDIAN NEXT FRIEND, THEIR MOTHER 1ST APPELLANT. 5. MARIYAMMA JOSEPH, AGED 85 YEARS, W/O. LATE JOSEPH, KARIMBANAKKAL HOUSE, PARAPPA VILLAGE,HOSDURG TALUK, P.O. PLACHIKKARA (VIA), PARAPPA. BY ADV. SRI.ISSAC M.PERUMPILLIL SRI.LIJO GEORGE RESPONDENT(S): --------------- 1. MUHAMMED RAFEEQUE, AGED 33 YEARS, S/O. A. MAMMU, PUDUKAI, PUDUKAI VILLAGE, HOSDURG TALUK, P.O. UPPILLIKAI, VIA.NILESHWAR. 2. B.A. ABDULLA, (AGE NOT KNOWN) S/O. LATE MOHAMMED, VALIYAPEEDIKAYIL HOUSE NO.97/IV, THAIKADAPPURAM, NILESHWAR VILLAGE, HOSDURG TALUK, P.O. THAIKADAPPURAM, (VIA) NILESHWAR. 2 3. BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., P.B.NO.19, M.G. ROAD, KASARAGOD. ADV. SRI.P.R.RAMACHANDRA MENON FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 617 OF 2006 -------------------------------------------- Dated this the 2nd day of December, 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 appellants 2 to 4 and son of 5th appellant. The deceased while driving a jeep was involved in an accident caused by a tipper lorry. He sustained injuries which led to his death on the way to Hospital. The tipper lorry and the insurer are found liable to compensate the appellants for the loss of dependency on account of death of the deceased. 2. Appellants' main case is that income fixed is very low because deceased was a A class contractor earning average annual income of Rs. 2 lakhs. He has referred to the income tax returns furnished before the MACT. Standing counsel appearing for the insurance company submitted that evidence produced did not disclose details of payment of income-tax and therefore it is not known whether the income disclosed in the documents submitted was the net income or gross income. The 2 deceased was a Government Contractor and was a transport contractor for Gwalior Rayons which stands closed. Even though income from contract is fluctuating and business may even lead to loss, we notice that deceased had in the course of time acquired lot of wealth which included earth moving equipments, trucks, etc., used in the contract work. We therefore feel income fixed by the MACT for granting compensation for loss of dependency is low. We increase the gross income of the deceased to Rs. 75,000/- per year and after deducting one third towards personal expenses, Rs. 50,000/- can be safely taken for granting compensation for loss of dependency. This will entitle the appellants for additional compensation of Rs. 1,60,000/- which will carry interest at the rate of 7.5 per cent per annum from the date of application till date of deposit. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3