IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 7TH AUGUST 2007 / 16TH SRAVANA 1929 MFA.No. 1093 of 2000(B) ------------------------------ OPMV.253/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA . .................... APPELLANTS: PETITIONERS --------------- 1. BERNAD, S/O. SEBASTIAN,. 2. RACHAEL, D/O. BERNARD. 3. BAISON, S/O. BERNARD. 4. MARY MINI, D/O. BERNARD. 5. JOHNSON, S/O. BERNARD. ALL ARE RESIDING AT KALLELIVAYALPURAYIDAM, FISHERMEN, COLONY, VADY, KOLLAM. BY ADV. SRI.V.CHITAMBARESH RESPONDENTS: RESPONDENTS ----------------- 1. T.A.DASAN, S/O. APPU,. RESIDING AT THIRUKULAM HOUSE, MALA, PALLIPPURAM , THRISSUR DISTRICT. 2. THE ORIENTAL INSURANCE COMPANY LIMITED, THRISSUR. BY ADV. SRI.MATHEWS JACOB (SR) - R2 SRI.K.S.BHARATHAN - R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss J.B. KOSHY & V. GIRI, JJ. ---------------------------- M.F.A.No. 1093 of 2000 ---------------------------- Dated this the 7th day of August, 2007 Judgment Koshy,J. Appellants were the claimants before the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(M.V.) No.253 of 1994. They are father, sisters and brothers of a motor accident victim who died at the age of 25. While the deceased was driving a car, lorry owned and driven by the first respondent and insured by the third respondent hit the above car and he sustained serious injuries. After fighting for his life for about one and a half months, he died on 1.10.1993. Petitioners claimed a total compensation of Rs.3,35,500/-. The tribunal though found negligence of the first respondent driver and coverage of insurance, only an amount of Rs.1,50,250/- was awarded as total compensation. Only quantum of compensation is disputed in this appeal. 2. Appellant was aged 25. It is the submission of the claimants that the Apex Court has held in various cases that a highest multiplier has to be used when motor M.F.A.No.1093/2000 :2: accident victim’s age is between 21 and 25. It is further contended that considering the present life span, at least, 20 should be taken as the multiplier. The tribunal has taken only 11 as the multiplier. Deceased was unmarried. Therefore, considering the age of the father, 11 was taken as the multiplier. We see no ground to interfere in the fixation of multiplier. 3. It was contended in the claim petition that the deceased was getting an income of Rs.1,500/- per month. PW4, while giving evidence, deposed that monthly income of the victim was Rs.1,350/-. They produced Ext.A19 salary certificate wherein it is stated that his monthly income was Rs.1,350/-. It is the case of the claimants that apart from the above, he was getting daily batta as he was a salesman-cum-driver in a jewellery shop owned by Sitaram, Kollam. We note that when second schedule was framed, notional income of a non-earning person including a child was fixed as Rs.1,250/- per month (Rs.15,000/- per year). Here, the claimant was an employed man. He was having professional licence to drive a car. Future prospects also have to be considered. However, we take that at least Rs.1,350/- as M.F.A.No.1093/2000 :3: mentioned in Ext.A19 salary certificate issued by the jewellery shop has to be accepted as his monthly income. If that be so, after deducting one-third, Rs.900/- can be fixed as his contribution to the family. If compensation is calculated for loss of dependency, it will be Rs.900 x 12 x 11 = Rs.1,18,800/-. Compensation awarded by the tribunal was only Rs.99,000/-. Hence, claimants are entitled to an additional amount of Rs.19,800/- for loss of dependency. 4. The deceased was under treatment for one and a half months after he received personal injuries. Life saving medicines were administered to him. Rs.35,000/- was claimed as treatment expenses. Ext.A20 series of medical bills itself was for Rs.22,222/-. The tribunal has awarded only Rs.22,220/-. When a person is fighting for life, lot of expenses will be required in the hospital. All of them will not be covered by bills and here Ext.A20 series is only for purchase of medicines. In these circumstances, we award Rs.5,000/- more for treatment expenses. Even though it was submitted that compensation granted for pain and suffering, loss of love and affection, transportation charges etc. are very low, we are of the opinion that M.F.A.No.1093/2000 :4: just and reasonable compensation was awarded under other heads. Hence, additional compensation of Rs.24,800/- should be deposited by the second respondent insurance company with 7.5 % interest from the date of application till its deposit over and above the decreed amount by the tribunal. On deposit of the amount, first appellant is allowed to withdraw the same. J.B.KOSHY JUDGE V.GIRI JUDGE vaa M.F.A.No.1093/2000 :5: J.B. KOSHY AND V.GIRI,JJ. -------------------------- M.F.A.NO.1093 of 2000 -------------------------- Judgment Dated:7th AUGUST, 2007