IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 MACA.No. 511 of 2008() ---------------------- OPMV.75/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANTS/PETITIONERS: ---------------------------------------- 1. MOLLY K.S., W/O.LAL THARIAN, KADAVANTHURUTHIL HOUSE, CHETHIMATTAM KARA, PALAI, KOTTAYAM DISTRICT. 2. ANU LAL, D/O. LAL THARIAN, KADAVANTHURUTHIL HOUSE, CHETHIMATTAM KARA, PALAI, KOTTAYAM DISTRICT. 3. THARIAN LAL, S/O. LAL THARIAN (MINOR), REPRESENTED BY HIS MOTHER AND LEGAL GUARDIAN, MOLLY K.S., W/O. LAL THARIAN, KADAVANTHURUTHIL HOUSE, CHETHIMATTAM KARA,PALAI, KOTTAYAM DISTRICT. 4. ANNIE THARIAN, W/O. THARIAN, KADAVANTHURUTHIL HOUSE, CHETHIMATTAM KARA,PALAI, KOTTAYAM DISTRICT. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS: RESPONDENTS: ------------------------- 1. THE MANAGING DIRECTOR, K.S.R.T.C., TRIVANDRUM. 2. MATHUKUTTY, S/O. VARGHESE, KANJIRATHUM VEETIL, PATTIKADU KARA, PEECHI VILLAGE, THRISSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 511 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of March, 2008 JUDGMENT Husband of the 1st appellant died in a motor accident . She along with her children filed an application for compensation. The Tribunal awarded Rs.7,36,000/- as compensation with 7.5% interest. The deceased was a Deputy Electrical Engineer. He died at the age of 50 years. The Tribunal found that he was due to retire at the age of 55. The Tribunal further noticed that Ext.A6 pay slip indicates his monthly income was Rs.15,068/-. After deducting 1/3rd for his personal expenses, Rs.10,000/- was taken as monthly income. Even though multiplier was fixed as 11 taking guidance from Second Schedule for 5 years Rs.6,00,000/- was granted (10,000 x 12 x 5). But during post-retiral period only Rs.2,000/- was fixed as monthly income and deducting 1/3rd for personal expenses the annual dependency was calculated as Rs.16,000/- only and Rs.96,000/- was awarded for balance six years. It is contended by the appellants that the compensation ought to have been awarded taking Rs.15,068/- as the monthly income and 11 as multiplier. The Supreme Court has held that MACA 511/08 -2- when multiplier is higher, Second schedule need not be followed strictly. Further 1st appellant was a recipient of family pension immediately on date of payment of family pension scheme. That was not taking into consideration while fixing the monthly loss to the family. Considering the total award amount of Rs.7,36,000/- with 7.5% interest, we are of the view that reasonable compensation was awarded by the Tribunal and hence no interference is required. Accordingly, the appeal is dismissed. J.B. Koshy, Judge K. Hema, Judge. mn.