IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 MACA.No. 1083 of 2004() ----------------------- OPMV.1308/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/PETITIONERS 1,3 & 4 ----------------------------------------------- 1. VALSALA W/O. MOHANAN, THODUPARAMBIL HOUSE, KOTTANELURE P.O., IRINJALAKUDA, THRISSUR TALUK. 2. KUMARI OMANA, SISTER OF DECEASED, D/O. KUTTIMALU, THODUPARAMBIL HOUSE, KOTTANELURE P.O., IRINJALAKUDA. 3. KUMARI SHEELA, SISTER OF DECEASED, D/O. KUTTIMALU, THODUPARAMBIL HOUSE, KOTTANELLURE P.O., IRINJALAKUDA, THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENTS: RESPONDENTS ------------------------ 1. T.K.AZIZ, S/O. KUNJUMIHAMMED, THARAPEEDIKAYIL HOUSE, VELLANGALORE DESOM, VADAKKUMKARA VILLAGE, THRISSUR. 2. K.RAVEENDRAN, S/O. M.K.MENON, MANGALATH HOUSE, KOTTANELURE P.O., THRISSUR. 3. UNITED INIDA INSURANCE CO.LTD., THRISSUR BRANCH 4. VINOD S/O. BHASKARAN, VELLUTHANDIL HOUSE, CHIYARAM, THRISSUR. 5. K.MADHAVAN, 'GANGA NIVAS', KOTTANELURE P.O., THRISSUR. 6. NATIONAL INSURANCE CO.LTD., THRISSUR BRANCH, P.B.NO.89, PATTALAM ROAD, THRISSUR. BY ADV. SRI.T.H.ABDUL AZEEZ FOR R1 SRI.P.RAJEEV KUMAR SRI.P.R.RAMACHANDRA MENON FOR R2 SRI.E.M.JOSEPH FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 1083 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of March, 2008 JUDGMENT Kozhy, J. A 36 year old man died in a motor accident. His wife aged 29, mother aged 55 and two unmarried sisters together filed an application for compensation claiming an amount of Rs.5 lakhs. Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by respondents 3 and 6. But awarded only Rs.2,96,800/-. Only quantum of compensation is disputed in the appeal. 2. The deceased was a qualified Welder. With regard to his qualification, the Tribunal has discussed the matter as follows:- “...Ext. A7 is an employment certificate issued by an Industrial Company in Gulf certifying that the deceased Mohanan was working as a welder in their company from 21- 4-1980 to 19-11-1983. Ext.A8 is a certificate from the Vijaya Engineering Works, Irinjalakuda showing that the deceased was working there in the year 1977. Ext.A9 is a card obtained by the deceased for participating in the KANFED as a delegate during the period October, 1996. The certificate from the KANFED as a participant in the Film Media workshop on Universal Earth Education held at Thiruvananthapuram evidenced by Ext.A10. Ext.A11 is a certificate from the Rural Film Arts Academy certifying that the deceased was an Artist since school days. He secured several prizes as an artist. He was writing scripts. Ext.A12 is a certificate by the Secretary of Thumboor Co-operative Bank certifying that the deceased MACA 1083/04 -2- was a member of the Director Board of the Bank from 18-7- 1996. Ext.A14 series are various certificates of the deceased proving his active participation in various art items during the school days. He was the best Actor in the Rural High School, Thumpur during the period 1972, he was first in the Light Music of the Rural High School, Thumpur. He was the first in the one-Act pay in the same school. He was second for the Fancy Dress. His troupe was the first for the Ganamela. Ext.A14 series proved that the deceased was the first in the school during his school days for Drama, Mono Act, Fancy Dress and Music. After his school days he continued to be an artist and was actively participating in the film world. He was in Gulf country working as welder during 1980 to 1983 period. Ext.A15 series are the certificates issued by his employer in Gulf. The evidence adduced in this case proved that he was an young artist, social worker and politician. Had he been alive he would have secured high positions in the Art and film world.” 3. Considering the over all circumstances, at least Rs.3,000/- has to be fixed as monthly income. Since he was aged 36 years at the time of the accident, the Tribunal has taken 16 as the multiplier taking guidance form the Second Schedule. The Tribunal has taken only Rs.2,100/- as his monthly income and after deducting 1/3rd of the personal expenses Rs.1,400/- has been taken as the family contribution. If that be so, compensation will be Rs.3,84,000/- (Rs.2,000/- x 12 x 16). The Tribunal has granted Rs.2,68,800/-. Hence, the appellants will be entitled to an additional compensation of Rs.1,15,200/-/. Compensation granted under other heads are just and reasonable. MACA 1083/04 -3- 4. Therefore, respondents 3 and 6 Insurance Companies shall deposit Rs.57,600/- each with 7.5% interest from the date of application till its deposit. In the additional compensation 1/3rd is allowed to be withdrawn by the wife, 1/3rd is allowed to be withdrawn by the 2nd appellant mother and balance 1/3 in equal proportionate is allowed to be withdrawn by sisters who are unmarried at the time of the death of the deceased. The appeal is disposed of as above. J.B. Koshy, Judge K. Hema, Judge mn.