IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 MACA.No. 873 of 2005(C) ------------------------------- OPMV.347/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANTS/PETITIONERS : ---------------------------------- 1. NOORJAHAN, AGED 35 YEARS, W/O. MOHAMMADALI (LATE). 2. SABURA BEEVI, AGED 16 YEARS, D/O. MOHAMMADALI (LATE), MINOR REPRESENTED BY MOTHER 1ST APPELLANT. 3. ABUTHAGEER, AGED 14, S/O. MOHAMMADALI (LATE), MINOR REPRESENTED BY MOTHER 1ST APPELLANT. 4. K.MOHAMMED YOUSUF, F/O. MOHAMMEALI, DOOR NO.12/738-G, KOKKEKAD HOUSE, P.O. ATHIPALLI. 5. PATHUMMA, AGED 60 YEARS, W/O. K.MOHAMMED YOUSUF, KUKLAMPUZHA ROAD, GUDALLUR TOWN P.O. BY ADV. SRI.P.SAMSUDIN SRI.P.BABU KARTHIKEYAN. RESPONDENT/3RD RESPONDENT : ----------------------------------------- THE ORIENTAL INSURANCE CO. LTD., MANJERI ADV. SRI.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING : J.B.KOSHY & THOMAS P. JOSEPH, JJ. ------------------------------------------------------- M.A. C.A No. 873 of 2005 ----------------------------------- Dated this the 7th day of November, 2008 J U D G M E N T J.B.KOSHY,J . Husband of the first appellant died in a motor accident. Tribunal found that the accident occurred due to the negligence of the driver of the vehicle, owned by the 2nd respondent and insured by the 3rd respondent, Insurance Company. Only an amount of Rs.1,68,000/- was awarded against a claim for Rs.4,00,000/-, which was restricted to Rs.2,50,000/-. The deceased was 38 years old at the time of accident. According to the claimants, he was getting Rs.3,000/- per month as a coolie worker. Claim was filed by his wife,two minor children and parents. In Kerala even an unskilled worker will get more than Rs.150/- a day. Even if Rs.100/- per day is taken, he will get Rs.2,500/-per month (i.e. yearly income will be Rs.30,000/-). After deducting 1/3, yearly loss of dependency will be Rs.20,000/-. Since the first appellant was aged 38, taking guidelines from the 2nd schedule, 16 was taken as the multiplier by the tribunal. Even though it was argued that a high multiplier ought have been taken due to the increase in expectancy of M.A. C.A No. 873/ 2005 2 age, we are not changing the same. Thus claimants are entitled to get Rs.3,20,000/-(20,000x16) for loss of dependency. Tribunal has awarded only Rs.1,60,000/-. Therefore additional amount payable will be Rs.1,60,000/-. It is submitted that no amount was granted for loss of consortium and for loss of love and affection to the children. Therefore, we award Rs.7,500/- for loss of consortium and Rs.7,500/- for loss of love and affection to two children together. So, additional amount payable will be Rs.1,75,000/-. The additional amount of Rs.1,75,000/- should be deposited by the 3rd 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, Rs.15,000/- each should be given to the appellants 4 and 5, parents. Balance is allowed to be withdrawn by the claimants 1 to 3 (widow and children) in equal shares. J.B.KOSHY,JUDGE THOMAS P. JOSEPH, JUDGE scm