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. 508 of 2005(D) ----------------------------------- OP(MV).NO.1305/1997 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD. .................... APPELLANTS/ SUPPL PETITIONERS: ----------------------------------------------------- 1. JABBAR, S/O.ASSANAR, POOLAKUNNAM PARAMBU, KAVILPAD (P.O), OLAVAKODE, PALAKKAD. 2. THAHIRA, W/O.SIDHIQUE, DO. DO. 3. KHAJAMOIDEEN, S/O.ASSANAR, DO. DO. 4. AJEENA, D/O.ASSANAR, DO. DO. 5. FAISAL, S/O.ASSANAR, DO. DO. BY ADV. SRI.LIJU. M.P. RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. THE PRESIDENT, SOCIETY OF WOMEN FOR RURAL DEVELOPMENT, KATTOOR, TRICHUR DISTRICT, (OWNER OF KL-8/F 6393 TEMPO VAN). 2. UNITED INDIA INSURANCE CO.LIMITED, IRINJALAKUDA, TRICHUR. R2 BY ADV. SRI.C.V.BIMAL ROY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- M.A.C.A. No.508 of 2005 --------------------------------------- Dated this the 21st day of November, 2008 Judgment Koshy,J. A 45 year old woman died in a motor accident. Her husband and five children applied for compensation claiming an amount of Rs.4,40,000/-. During the pendency of the petition, first claimant-husband of the deceased also died. Tribunal found that accident occurred due to the negligence of the driver of the vehicle insured by the second respondent-insurance company and the second respondent insurance company was directed to deposit the amount of compensation awarded by the Tribunal. The only dispute is regarding the quantum of compensation. According to PW1, husband of the deceased, the deceased was supplying food materials to various stalls in the Olavakkode railway station and she was earning Rs.150/- per day. Since there was no documentary evidence to support that claim, Tribunal fixed only Rs.1,500/- as monthly income. Deceased was looking after the needs of a family consisting of her husband and five children and services of a house wife cannot be ignored. Accident occurred on 11.4.1997. We are of the opinion that at least Rs.2,000/- ought to have been fixed as the M.A.C.A.No.508/2005 2 monthly income. If that be so, annual income will be Rs.24,000/- and after deducting one-third for personal expenses, loss of dependency will be Rs.16,000/-. Taking second schedule as a guideline, Tribunal fixed 13 as the multiplier. We see no ground to enhance the same. Therefore, compensation payable for loss of dependency and family contribution will be Rs.16,000 x 13 = Rs.2,08,000/-. Tribunal has granted only Rs.1,56,000/-. So, additional compensation on this count will be Rs.52,000/-. It is contended by the appellants that compensation granted under other heads are very meagre, but, considering the total amount, we are not enhancing the same. The above amount of Rs.52,000/- should be deposited by the second respondent with 7.5% interest from the date of application till its deposit over and above the amount decreed by the Tribunal. On deposit of the amount, appellants, children of the deceased, are permitted to withdraw the same in equal proportion. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.A.C.A.No.508/2005 3 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.A.C.A.No. 508/2005 ------------------------------------- Judgment Date:21st November,2008