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 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 MACA.No. 553 of 2004() --------------------------------- OPMV.1746/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANTS/PETITIONERS ---------------------------------------- 1. SREEDEVI, W/O. LATE GOPALAKRISHNA KURUP, SANKARAVILASOM, THOTTUVALLY, POERDAM P.O., CHADAYAMANGALAM, KOLLAM DISTRICT. 2. ARUN G.KRISHNAN S/O. LATE GOPALAKRISHNA KURUP, SANKARAVILASOM, THOTTUVALLY, POREDAM P.O., CHADAYAMANGALAM, KOLLAM DISTRICT. 3. SRUTHI GOPALAKRISHNAN, D/O. LATE GOPALAKRISHNA KURUP, SANKARAVILASOM, THOTTUVALLY, POREDAM P.O., CHADAYAMANGALAM, KOLLAM DISTRICT. BY ADV. SRI.P.K.RAVI KRISHNAN RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. S.SURESH, S/O. SUKUMARA PILLAI, SANTHABHAVAN, CHERUKUNNAM, VARKALA, THIRUVANANTHAPURAM. 2. BOBBY S/O. SETHU, BOBBY VILASOM, MANALAYAM, POREDAM, CHADAYAMANGALAM. 3. M/S. UNITED INDIA INSURANCE CO. LTD., ATTINGAL BRANCH, ATTINGAL. ADV. SMT.P.A.REZIYA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- M.A.C.A. No.553 of 2004 --------------------------------------- Dated this the 21st day of November, 2008 Judgment Koshy, J. A retired Higher Secondary School Principal who was working as manager of a private chit fund after retirement, sustained fatal injuries at the age of 56 in a motor accident on 14.11.1999. His wife and two children filed an application for compensation claiming an amount of Rupees Ten Lakhs. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company and the third respondent insurance company was directed to deposit the sum of Rs.1,93,000/- as total compensation. The only dispute is regarding the quantum of compensation. 2. It is the contention of the claimants that the deceased was a retired Higher Secondary School Principal. Ext.A18 is the service book and Ext.A19 is the pension payment order. They clearly show that the deceased retired at the age of 55. His pension was Rs.7,000/- per month. Since the age of retirement is only 55, he got a private employment and was getting Rs.4,500/- and salary M.A.C.A.No. 553/2004 2 certificate was produced as Ext.A17. It is also contended that family pension was reduced by half and his dependents are deprived of that amount. Further, being a school teacher, apart from the income he was receiving as salary from the private firm, he was able to get income from tuition, but, Tribunal fixed only Rs.2,500/- as the monthly income. We are of the opinion that the Tribunal ought to have fixed at least Rs.3,500/- as the monthly income and then deducted one-third for personal expenses. Therefore, annual income will be Rs.42,000/- and after deducting one-third, loss of annual dependency will be Rs.28,000/-. Since the deceased was aged 56 years, taking guidance from the second schedule Tribunal has fixed 8 as the multiplier. Therefore, compensation payable for loss of dependency and loss of earning capacity will be Rs.28,000 x 8 = Rs.2,24,000/-. Tribunal has awarded only Rs.1,60,000/-. Therefore, the claimants will be entitled to an additional amount of Rs.64,000/- for loss of dependency and family contribution. It is contended that compensation awarded under other heads are also very meagre. Considering the total amount granted, we are not enhancing the same. The above additional amount of Rs.64,000/- should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit over M.A.C.A.No. 553/2004 3 and above the amount decreed by the Tribunal. On deposit of the amount, 50% of the above is allowed to be withdrawn by the first appellant wife and balance in equal shares by the second and third appellants. The appeal is allowed partly. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.A.C.A.No. 553/2004 4 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.A.C.A.No.553/2004 ------------------------------------- Judgment Date:21st November,2008