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 31ST MARCH 2009 / 10TH CHAITHRA 1931 MACA.No. 208 of 2005(B) ----------------------------------- OP(MV).NO.1747/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM. .................... APPELLANTS/PETITIONERS: ----------------------------------------- 1. V.P.DIVAKARAN, S/O.V.P.PARAMESWARAN NAIR, VETTATHU HOUSE, KOOTHATTUKULAM. 2. C.G.SARALA, W/O.V.P.DIVAKARAN NAIR, DO. 3. V.D.RAJESH, S/O.V.P.DIVAKARAN NAIR, DO.DO. BY ADVS. MR.MATHEW JOHN (K) MR.SUJESH MENON V.B. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. SAJIMON, S/O.DAMODARAN, CHERUPARAMBIL HOUSE, K.S.PURAM, KADUTHURUTHY. 2. C.S.PHILIP, CHAMAKUZHIYIL HOUSE, POOZHIKOL P.O., KADUTHURUTHY. 3. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, OPPOTTIL BUILDINGS, K.K.ROAD, KOTTAYAM. R1 BY ADVS. MR.V.G.ARUN, MR.T.R.HARIKUMAR, R3 BY ADV. MR. THOMAS MATHEW NELLIMOOTTIL, S.C. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------------------------------ M.A.C.A. NO: 208 OF 2005 ----------------------------------------------------------------------------------- Dated this the 31st March, 2009. JUDGMENT RAMACHANDRAN NAIR, J. Appeal is filed for enhancement of compensation for the death of the son of appellants 1 and 2 who was the brother of the third appellant. Deceased suffered injury in an accident that happened while unloading marble from a tempo van. He was only 25 years of age at the time of accident and death. MACT granted a total compensation of Rs.72,500/- against which this appeal is filed for enhancement. 2. Even though counsel for the insurance company submitted that deceased having died while unloading goods should have claimed compensation from his employer, we feel the claim is maintainable under the Motor Vehicles Act because accident happened while unloading goods from a vehicle and so much so the accident is on account of use of the vehicle. In fact in the recent decision this Court held that accident arising during loading or unloading goods on vehicle is a motor accident entitling victims for compensation. Deceased was a bachelor and claimants are parents MACA No: 208/2005 2 and a brother. In the course of time he would have married and therefore there would be reduction in dependency for parents. Still parents can claim compensation for loss of dependency on account of death of the unmarried son. It is obvious that deceased was the elder son of his parents. Since the deceased was admittedly a headload worker, we fix his monthly income at Rs.3,000/- and after deducting 1/3 rd towards personal expenses Rs.2,000/- will be available for determining compensation for loss of dependency. Full dependency can be claimed by the parents only upto the age of marriage of the deceased which we estimate to happen at the age of 28 years. Appellants 1 and 2 therefore will be entitled to compensation for loss of dependency for three years for an amount of Rs.72,000/- (2000x12x3). For remaining period we award compensation for loss of dependency for appellants 1 and 2 at the rate of Rs.12,000/- per year. This will entitle the appellants 1 and 2 for loss of dependency of an amount of Rs.1,44,000/-. Since the third appellant has lost his only sibling we grant additional compensation for loss of love and affection at Rs.10,000/-. Compensation for loss of dependency granted by us will be in the place of consolidated compensation of Rs.50,000/- granted by the MACT. The additional compensation of Rs.1,66,000/- granted by us MACA No: 208/2005 3 will carry interest at the rate of 7 ½ % per annum from the date of application till deposit. Appeal is partly allowed. C.N. RAMACHANDRAN NAIR Judge K. SURENDRA MOHAN Judge The figure “Rs.1,66,000/-” occurring in the last line of page 2 of the judgment dated 31.3.2009 in M.A.C.A. 208/2005 is substituted with “Rs.1,76,000/-” as per order dated 30/6/2009 in I.A. 1403/2009 in M.A.C.A. 208/2005. Sd/- Registrar Judicial jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: