IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 MFA.No.492 of 2003 (E) ---------------------------- OP(MV).1170/1996 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, PUNALUR. .................... APPELLANTS: PETITIONERS -------------------------------- 1. KANAKARAJAN, S/O. KRISHNAN, VINAYAKA HOTEL, THENMALA P.O., THENMALA 2. VIJAYAMMA, W/O. KANAKARAJAN, VINAYAKA HOTEL, THENMALA P.O., THENMALA. 3. ANILKUMAR, S/O. KANAKARAJAN, VINAYAKA HOTEL, THENMALA P.O., THENMALA 4. BINDU D/O. KANAKARAJAN, VINAYAKA HOTEL, THENMALA P.O., THENMALA. BY ADV. SRI.V.R.REJITHKUMAR RESPONDENTS: RESPONDENTS ------------------------------------ 1. R.SELVAMONY, 20/9/19, HASSANKHANY- STREET, CHITTOOR P.O. ANDHRAPRADESH. 2. SABARINADHAN, 2/82 B, GANDHI NAGAR, VIRUPATCHIPURAM, VELLOOR, THAMIL NADU 3. ORIENTAL INSURANCE CO. LTD., RANIPETT, TAMILNADU. 4. IMOPTHIYAS, ROOKIYA MANZIL, KILIKOLLOOR, KOLLAM. MFA.No.492 of 2003 (E) -2- 5. NEW INDIA INSURANCE CO. LTD., BRANCH OFFICE, KOLLAM. BY ADV. SRI.JOHN KOSHY FOR R5 SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. F. A. No.492 of 2003 ------------------------------------------------ Dated this the 5th day of August, 2008 JUDGMENT J. B. Koshy, J The son of respondents 1 and 2 sustained fatal injuries on 29/08/96 in a motor accident when the jeep driven by him was hit by a lorry insured by the third respondent/Insurance Company. Tribunal found that the accident occurred due to the sole negligence of the driver of the lorry insured by the third respondent/Insurance Company. The Tribunal granted a total compensation of Rs.1,89,000/- with 9% interest against a claim of Rs.7 lakhs. Only dispute is regarding the quantum of compensation. According to the claimant, he was getting Rs.3,500/- as monthly salary as he was employed as a driver of the jeep. Tribunal has taken only Rs.1,300/- as monthly income. When the Second Schedule was framed in 1984, M. F. A. No.492 of 2003 -2- for a non-earning person Rs.15,000/- is fixed as the annual notional income (Rs.1,250/- per month). Here, admittedly he was employed as a driver and the accident occurred when he was driving the jeep. The accident occurred in 1996. He was only aged 21 years at the time of accident. It is contended that future prospects would also be taken into account. Since he was employed as a driver and accident occurred in 1996, we fix Rs.2,000/- as his monthly income instead of Rs.5,000/- claimed by the petitioner as no evidence was adduced that he was paid a salary of Rs.5,000/-. The mother was only 40 years old at the time of accident and the father was about 50 years. The Tribunal has taken the average age of the father and mother and fixed 15 as the multiplier. It was contended that since the deceased was aged between 21 and 25 highest multiplier of 18 should be taken as held by the Supreme Court. But he was an unmarried M. F. A. No.492 of 2003 -3- person and as held by the Supreme Court age of the claimants should also be taken into account while fixing the multiplier. The multiplier fixed by the Tribunal as 15 needs no interference. If that be so, annual income of the deceased will be Rs.2,000/- x 12 = Rs.24,000/-. After deducting 1/3, yearly loss of the family contribution is Rs.16,000/-. Taking multiplier as 15, compensation payable for loss of dependency will be Rs.2,40,000/-. The Tribunal awarded Rs.1,56,000/- towards loss of dependency. So, the balance amount payable on that count will be Rs.84,000/-.Even though it is contended that compensation granted on other heads are very meagre, considering the total compensation awarded we are not enhancing the compensation granted on other heads. The amount of Rs.84,000/- shall be deposited by the third respondent/ Insurance Company with 7.5% interest from the date of application till its deposit over and M. F. A. No.492 of 2003 -4- above the compensation awarded by the Tribunal. On deposit of the amount appellants 1 and 2 (father and mother) are allowed to withdraw the amount in equal shares. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-