IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 MACA.No. 111 of 2003() --------------------------------- OPMV.667/1993 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANTS/PETITIONERS: ------------------------------------------ 1. RAMLA BEEVI, D/O. ABDUL RAHIMAN, PANIKKARU VILLA VEEDU, KILIKKOLLUR C WARD, KILIKKOLLUR VILLAGE, QUILON TALUK, QUILON DIST. 2. HAJIRA BEEVI, D/O. AHAMED KUNJU MUSILIAR OF -DO- -DO-. 3. SHAHUL HAMEED, S/O. HAMEED KUNJU MUSILIAR OF -DO- -DO-. 4. JAMALUDEEN OF -DO- -DO-. 5. KAMARUNISA, D/O. AHAMED KUNJU MUSILIAR OF -DO- -DO-. 6. RAHIYANATH OF -DO- -DO-. BY ADV. SMT.ELIZABETH MATHAI IDICULLA SRI.MOHAN IDICULLA ABRAHAM RESPONDENTS/RESPONDENTS 1 AND 3: ----------------------------------------------------------- 1. K.I. THOMAS, S/O. K.I. EIPE, THADATHIL HOUSE, CHALUKUNNU, KOTTAYAM. 2. THE NEW INDIA ASSURANCE CO.LTD., KOTTAYAM. ADV. SRI.N.S.MOHAMMED USMAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.A.C.A. No. 111 of 2003 --------------------------------------- Dated this the 24th day of July, 2008 Judgment Koshy,J. 27 year old son of the first appellant died in a motor accident and she along with her other daughters and sons who are younger to the deceased applied for compensation. Against a claim of Rupees Five lakhs, the tribunal awarded a total compensation of Rs.1,34,000/- only. The tribunal directed the second respondent insurance company which insured the offending vehicle to deposit the compensation amount. The only dispute is regarding the quantum of compensation. The tribunal, after considering the evidence, fixed Rs.3,000/- as the monthly income of the deceased. The appellants had got a case that since the father already died, he was the only earning member maintaining a large family. However, in the absence of data, we are not enhancing the monthly income fixed by the tribunal. There was no evidence to show the age of the mother. Deceased was an unmarried person. It is well settled law that when compensation is awarded for the death of an unmarried person, the age of the claimants will be looked into. In the absence of any evidence, the M.A.C.A.No.111/2002 2 tribunal ordered that since the son was aged 25, the mother must be aged above 55. Even with the appeal memorandum, no evidence was produced to show that she was below 55. In the above circumstances, the multiplier fixed needs no interference, but, we note that the tribunal again reduced the income, considering that there is likelihood of marriage and income to the mother and sisters etc. will be reduced, but, only 8 is taken as the multiplier and as years passed-by, there is possibility of enhancement in income. Under the second schedule, higher multiplier of 18 is fixed for a motor accident victim between the age of 25 and 30, but, since we are taking only the age of the claimant for the purpose of calculation, we are of the opinion that compensation ought to have been awarded taking 8 as the multiplier. He was getting Rs.3,000/- out of which one-third has to be deducted for personal expenses and loss of dependency to family is Rs.2,000/- and, therefore, compensation payable taking 8 as the multiplier will be Rs.2,000 x 12 x 8 = Rs.1,92,000/-. The tribunal has granted only Rs.96,000/- as compensation. Therefore, additional compensation payable will be Rs.96,000/-. Even though it is contended that compensation awarded under other heads are inadequate, we are not enhancing the same since just and reasonable compensation was awarded under other heads. The additional amount M.A.C.A.No.111/2002 3 of Rs.96,000/- should be deposited by the second respondent insurance company with 7.5% interest from the date of application till its deposit. On deposit of the amount, appellants are allowed to withdraw the same on the same proportion allowed by the tribunal. J.B.Koshy Judge P.N.Ravindran Judge vaa J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.A.C.A. No. 111 of 2003 ------------------------------------- Judgment Dated:24th July, 2008