IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 MACA.No.549 of 2003 (C) ------------------------------ OPMV.1519/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANTS/PETITIONERS ---------------------------------- 1. K.MUKUNDAN, AGED 55 YEARS, RESIDING AT 'JYOTHIS', TALAP, KANNUR. 2. MINI.K., D/O.JAYAVALLI, AGED 22 YEARS, RESIDING AT 'JYOTHIS', TALAP, KANNUR. 3. ARUN K. S/O.JAYAVALLI, AGED 17 YEARS (MINOR) REP. BY GUARDIAN K.MUKUNDAN, 1ST PETITIONER. BY ADV. SRI.T.A.RAMADASAN RESPONDENTS: RESPONDENTS ------------------------------------ 1. C.H.RAMESHAN, CHELORAKANDY HOUSE, POST MUNDAYAD. 2. UNITED INDIA INSURANCE COMPANY, KANNUR. 3. KALATHILA VALAPPIL MURALEEDHARAN, S/O.BALAN, KALATHIL VALAPPIL HOUSE, NARATH AMSOM, ONAPARAMBA DESOM. 4. GENERAL MANAGER, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. ADV. SRI.M.A.GEORGE SHRI.JOHNSON P.JOHN, SC, KSRTC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. A. C. A. No.549 of 2003 ------------------------------------------------ Dated this the 13th day of October, 2008 JUDGMENT Koshy, J A 46 years old house wife died in a motor accident. Her husband and two minor children along with 70 years old mother filed an application for compensation claiming an amount of Rs.3 lakhs. The Tribunal awarded a total compensation of Rs.79,000/- and directed the fourth respondent to deposit the amount on the finding that the accident was due to the negligence of the driver/R3 of the vehicle owned by the fourth respondent/Corporation. Only dispute is regarding the quantum of compensation. The Tribunal did not award any compensation for loss of dependency as no specific claim was made for loss of M. A. C. A. No.549 of 2003 -2- dependency. But there is a claim for loss of earning power as Rs.65,000/- and Tribunal awarded a minimum compensation of Rs.50,000/- for loss of life. It is the duty of the Tribunal to award just and reasonable compensation. In this connection, we refer to the decision of the Apex Court in Nagappa v. Gurudayal Singh and others (AIR 2003 SC 674). It is true that after two years of the accident first petitioner/husband of the deceased remarried. But at the time of the accident, there were two minor daughters. Mother also died subsequently. Children can certainly claim dependency compensation for the death of the mother. Only after waiting for two years the husband remarried. The service of a housewife is not valueless especially when there were two minor children and they lost their motherly affection. In the above M. A. C. A. No.549 of 2003 -3- circumstances, appellants' compensation ought to have been calculated by taking the notional income fixed in the Second Schedule i.e. Rs.15,000/- per annum. After deducting 1/3 for personal expenses, loss of dependency will be Rs.10,000/-. The deceased was 46 years old at the time of the accident. 13 is the multiplier taking guidelines from the Second Schedule. If that be so, compensation payable for loss of dependency will be Rs.1,30,000/-. The Tribunal has awarded only Rs.50,000/-. So the additional amount payable is Rs.80,000/-. Out of the above Rs.80,000/-, Rs.25,000/- should be paid to the first appellant. The balance amount should be disbursed equally to the second and third appellant. All the appellants are entitled to get interest at the rate of 7.5% per annum from the date of application till its deposit. M. A. C. A. No.549 of 2003 -4- This appeal is thus allowed in part. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-