IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 MACA.No. 442 of 2006() --------------------------------- OPMV.348/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANTS/PETITIONERS ------------------------------------------ 1. KARTHYAYINI AMMA, W/O.K.GOPALAN NAIR, RESIDING AT KODAVANJI HOUSE, MULIYAR VILLAGE & POST, KASARAGOD TALUK. 2. K.GOPALAN NAIR, RESIDING AT KODAVANJI HOUSE, MULIYAR VILLAGE & POST, KASARAGOD TALUK. BY ADV. MR.SURESH KUMAR KODOTH RESPONDENTS/RESPONDENTS --------------------------------------------- 1. BALAKRISHNA RAI, S/O.VITTAL RAI, RESIDING AT CHANILA, PUNACHA VILLAGE, VITTAL, BANTWAL TALUK, KARNATAKA STATE. 2. PRAKASH SHENOY, S/O.DEVARAYA SHENOY, PRAGATHI ENTERPRISES, KADRI, MANGALORE, RESIDING NEAR SHRINIDHI PETROL BUNK, KOKKARNKALLU, MULKI, KARNATAKA STATE. 3. THE MANAGER, NEW INDIA ASSURANCE CO LTD., BRANCH OFFICE AT MANGALORE, RAM BHAVAN COMPLEX, KODIALBAIL, MANGALORE, KARNATAKA STATE R3 BY ADV. MR.S.MAMMU THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------------------------------ M.A.C.A. NO: 442 OF 2006 ----------------------------------------------------------------------------------- Dated this the 26th March, 2009. JUDGMENT RAMACHANDRAN NAIR, J. The appeal is filed for enhancement of compensation for the death of the only son of the appellants who parents of the deceased. The deceased son of the appellants died in a road accident at the age of 24. He was 24 years of age and was a graduate with two diplomas. The deceased was the Manager of a Financial Company at the time of his death. Even though the salary certificate produced show monthly income at Rs.5,000/- the same was not accepted by the MACT. After rejecting the salary certificate MACT fixed Rs.1,500/- per month. Counsel for the appellants submitted that the income adopted is low when compared to the educational qualification of the deceased and the fact that he was managing the financial company as its Manager. We find force in this contention because going by the educational qualification and the post that the deceased was holding which were not disputed by the insurance company his income should be fixed at Rs.4,500/- per month. After deducting 1/3rd towards personal expenses MACA 442/2006 2 Rs.3,000/- per month will be available for computing loss of dependency. However, parents cannot claim total dependency of the deceased because he would in the course of time marry and thereafter claimants will be his wife. Therefore, there will be reduction of dependency for parents after the marriage of the deceased. Taking into account this we fix full loss of dependency for four years for parents i.e up to the age of 28 of the deceased and thereafter for the remaining of the multiplier that is nine years we fix the dependency for parents from the deceased who was the only son at Rs.1,500/- per month. This will entitle the appellants for loss of dependency at Rs.3,06,000/- as against Rs. 1,87,200/- fixed by the MACT (4500-1500x12x4+1500x12x9). Besides the increase under this head we feel compensation for loss for love and affection granted at Rs.5,000/- is also very low because deceased was the only son of the appellants who are left with anybody to look after them at the oldage and their property. The only other children being a daughter who is married away, we therefore grant additional compensation of Rs. 25,000/- under this head. The additional compensation granted by us will carry 7 ½% interest from the date of application till date of deposit. Apportionment MACA 442/2006 3 between claimants if any required will be done by the MACT. Appeal is partly allowed. C.N. RAMACHANDRAN NAIR Judge K. SURENDRA MOHAN Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: