IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 MACA.No. 1667 of 2008(F) ------------------------------------- ( OP(MV).NO.478/2005 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD ) .................... APPELLANT/ 3RD RESPONDENT: ------------------------------------------------ THE ORIENTAL INSURANCE CO. LTD., REPRESENTED BY ITS ASSISTANT MANAGER, METRO PALACE, OPP. NORTH RAILWAY STATION, ERNAKULAM. BY ADV. SRI.V.P.K.PANICKER. RESPONDENTS/ RESPONDENTS 1 AND 2 AND PETITIONERS: ---------------------------------------------------------------------------------------- 1. M. KUNHABDULLA, S/O. KUHAMU, MUKKOOD PACHIPALLAM, CHITTARI VILLAGE, HOSDURG TALUK AND KASARAGOD DISTRICT. 2. P.P. PATHU @ PATHUMMA, W/O. MUHAMMED KUNHI, ILLAMMAL HOUSE, P.O. KOLAVAYAL. 3. BAWA, S/O. MUHAMMED, CHERUMBA HOUSE, P.P. PANAYAL, HOSDURG TALUK. 4. KADEEJA, W/O. BAWA, CHERUMBA HOUSE, P.O. PANAYAL, HOSDURG TALUK. 5. ZAINABA, W/O. MUHAMMED KUNHI, CHERUMBA HOUSE, P.O. PANAYAL, HOSDURG TALUK. M.A.C.A. NO. 1667/2008-F: 6. TASNEE, D/O. MUHAMMED KUNHI, CHERUMBA HOUSE, P.O. PANAYAL, HOSDURG TALUK. 7. YUNUS, D/O. MUHAMMED KUNHI, CHERUMBA HOUSE, P.O. PANAYAL, HOSDURG TALUK. R1 BY ADV. SRI.C.K.SREEJITH, R3 TO R6 BY ADV. SMT.R.PADMAKUMARI. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.No.1667 OF 2008 ------------------------------------- Dated 31st October, 2008 JUDGMENT Koshy,J . A man aged 43 died in a motor accident due to the negligence of the driver of the vehicle insured by the appellant insurance company. The only dispute in this appeal is regarding the quantum of compensation. The compensation claimed was Rs.10,00,000/=. The Tribunal awarded a total compensation of Rs.9,94,000/=. Contention of the appellant is that Rs.8,000/= should not have been taken as the monthly income. It has come out in evidence that the deceased was working at Sharjah as a carpenter. Wife of the deceased gave evidence that the deceased was a highly skilled carpenter and he owns one furniture shop at Sharjah. Name of the furniture shop is “AL FIROUS FURNITURE HOUSE”. According to the claimants, deceased was getting a net profit of Rs.25,000/= per month after payment of rent, food and other expenses. Passports of the deceased were produced as Exts.A6 and A6(a). Wife was also in Sharjah. Passports of the wife were also produced as Exts.A7 and A7(a). She was assisting her husband in his business. Even though his monthly income after all expenses is claimed as Rs.25,000/=, the Tribunal has taken only Rs.8,000/= as the monthly MACA.1667/2008 2 income and hence one third of the income was taken for calculation of loss of dependency. The Apex Court in United India Insurance Co. Ltd. v. Patricia Jean Mahajan and others (JT 2002 (5) SC 74) held that in the case of a person employed in foreign countries, the exchange rate applicable on the date of the award has to be taken into consideration. Only a lesser amount was taken here. Considering the total compensation awarded, we are of the view that no interference is required in the award of the Tribunal at the instance of the insurance company. But, in the award portion, the Tribunal has stated that the amount should be deposited with 9% interest from the date of application till realisation. There is a further direction that if the amount is not deposited within 30 days from the date of the award, it will carry 12% interest from the date of the application. That portion is set aside. The claimants are entitled to 9% interest from the date of the application till its deposit. The appeal is disposed of accordingly. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks