IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 MACA.No. 278 of 2003() ---------------------- OPMV.119/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANTS/PETITIONERS --------------------------------------- 1. USHA W/O. LATE RANGAN, PUTHUVEETTIL, PUNAPRA P.O., ALAPPUZHA. 2. RITESH S/O. LATE RANGAN, PUTHUVEETTIL, PUNNAPRA P.O., ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: RESPONDENTS --------------------------------------------- 1. N.JOSHI, KOCHUPARAMBIL VEEDU, PAZHAVEEDU P.O., ALAPPUZHA. 2. JACOB CHERIAN S/O. K.T.CHERIAN, KANJIRAM THARAYIL HOUSE, CIVIL STATION WARD, ALAPPUZHA. 3. THE ORIENTAL INSURANCE CO. LTD., ALAPPUZHA BRANCH, REPRESENTED BY ITS MANAGER. 4. B.KRISHNAN, ASSOCIAGTED AGENCIES, MULLACKAL, ALAPPUZHA. 5. THE NATIONAL INSURANCE CO. LTD., ALAPPUZHA BRANCH, REPRESENTED BY ITS MANAGER. BY ADV. SMT.SARAH SALVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21.2.2008, THE COURT ON 21/02/2008 PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.A.C.A.No.278 of 2003 ----------------------------------------- Dated this the 21st day of February, 2008 JUDGMENT Koshy, J. Husband of the first appellant died in a motor accident on 21.10.1996. She along with her son applied for compensation under Section 163A of the Motor Vehicles Act. Against a claim for Rs.3,95,000/-, only Rs.79,000/- was awarded and 5th respondent Insurance Company was directed to deposit the same. Factum of accident and the liability of the Insurance Company are not disputed. Only quantum of compensation is disputed. 2. According to the appellants, the deceased was earning Rs.3,000/- per month. He was a tempo van driver by profession. It is contended that being a tempo van driver, deceased was getting at least Rs.100/- per day for a minimum 25-26 days in a month. Therefore, atleast Rs.2,500/- should be fixed as the monthly income. But, in the absence of data, we are of the view that atleast Rs.2,000/- ought to have been fixed as the monthly income as the incident occurred on 21.10.1996. He was a duly licensed driver by profession. The compensation has to be calculated as per Second MACA.278/03 2 Schedule as application as filed under Section 163A. The Tribunal has taken 5 as the multiplier, even though compensation was awarded on multiplier system, 11 is the multiplier fixed for the persons lying between 50 and 55 years. As per the second schedule, for a motor accident victim aged between 50 and 55 years earning Rs.24,000/- as yearly income, compensation payable is Rs.2,40,000/- and one-third has to be deducted. Therefore, the amount payable is Rs.1,60,000/-. The Tribunal awarded only Rs.70,000/-. So, the additional amount payable will be Rs.90,000/-. We are of the opinion that compensation awarded under other heads are strictly as per the second schedule. The additional amount of Rs.90,000/- should be deposited by the 5th respondent Insurance Company with 7.5% interest from the date of application till the date of deposit over and above the amount decreed. On deposit of the amount, the appellants are allowed to withdraw the same in equal proportion. The appeal is allowed, partly. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs.