IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 MACA.No. 1670 of 2005() ---------------------------------- (AGAINST THE AWARD DATED 5.4.2005 IN OPMV.1183/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI ) .................... APPELLANT(S): CLAIMANTS: ---------------------------------------- 1. ANSI ALEXANDER, W/O. ALEXANDER, AGED 37 YEARS. 2. ABHIN ALEXANDER, S/O. ALEXANDER (LATE), AGED 13 YEARS. 3. ANSIL ALEXANDER, S/O.ALEXANDER (LATE), AGED 12 YEARS. 4. ANUMOL ALEXANDER, D/O.ALEXANDER (LATE), AGED 8 YEARS. MINORS 2 TO 4 REPRESENTED BY NEXT FRIEND/GUARDIAN, MOTHER 1ST APPLICANT ANSI ALEXANDER. ALL ARE RESIDING AT VALOLIKKAL HOUSE,KOOMANKULAM (P.O) KARIKKAD, MALAPPURAM (DT). BY ADV. SRI.T.K.AJITH KUMAR RESPONDENT(S): RESPONDENTS: ------------------------------------------------- 1. VENANIKKOD PUTHANPURA PRADHEEP, S/O. GOVINDAN NAIR, THIRUVALI AMSOM, NADUVATH(P.O) MALAPPURAM (DT) (DRIVER). 2. T.MAMMED, S/O. MOHAMMED, THETTAYIL HOUSE, MANKADA PALLIPPURAM (P.O), MALAPPURAM DIST. 3. THE ORIENTAL INSURANCE CO. LTD., JASEELA COMPLEX, MANJERI. 4. VALOLIKKAL CHAKKO, S/O. VARGHESE, AGED 66 YEARS, P.O. LAKKIDI, OTTAPPALAM, PALAKKAD DIST. 5. ELIYAMA CHAKKO, W/O. CHAKKO, AGED 63 YEARS, P.O. LAKKIDI, OTTAPPALAM, PALAKKAD DIST. R3 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE.& SRI.P.JACOB MATHEW R4 & R5 BY ADV. SRI.SANTHEEP ANKARATH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ M.A.C.A.No.1670 of 2005-C ---------------------------------------------- Dated, this the 28th day of July, 2009 J U D G M E N T K.M.Joseph, J. Appellants are the widow and children of the deceased who died at the age of 35 years in a motor accident. As against the claim for Rs.4 lakhs the Tribunal awarded Rs.2,17,000/-. Rs.1,000/- is awarded towards transport charges, Rs.2,000/- is awarded towards funeral expenses, Rs.10,000/- is awarded towards loss of consortium and Rs.2,04,000/- is awarded towards dependancy. Learned counsel for the appellants would contend that the Tribunal has erred in taking the income at Rs.1,500/-. Appellants have produced A5 salary certificate. It is contended that on the date of examination of witnesses the owner of jewellery was present and was not examined for the reason that the respondents submitted that they have no objection in marking the salary certificate, and, therefore, it is contended that the Tribunal ought not to have reduced the income from MACA No.1670/2005 -2- Rs.4,500/-. 2. Learned counsel for the insurance company does not accept that version. Whatever that be, the date of the accident is 7.6.2000. The deceased was aged 35. He was maintaining the family consisting of his wife and three children. Respondents 4 and 5 are the parents of the deceased who brought themselves impleaded in the claim petition. We feel that without any difficulty we can safely fix the income of the deceased at Rs.2,000/- per month. Going by the judgment in the Sarla Verma and others vs. Delhi Transport Corporation and another {2009 ACJ 1298 } the multiplier taken must be reduced to 16. After reducing one- fourth towards personal expenses and again having regard to the fact that there are four dependants, the appellants would be entitled to Rs.2,88,000/-. After deducting the amount already granted the appellant would be entitled to Rs.84,000/-. Accordingly, the appeal is allowed in part. The appellants are allowed to realise Rs.84,000/- with interest at 7.5% from the date of the petition till realisation from respondents 1 to 3. The rate of interest on the amount MACA No.1670/2005 -3- awarded is enhanced from 6 percent to 7.5 percent. Appellants are entitled to realise 7.5 per cent interest from the date of petition till realisatiion on the amount already awarded and for the amount which we are awarding. The compensation which we are awarding will be shared in the same ratio as is awarded by the Tribunal. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS