IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 MACA.No. 975 of 2004() ------------------------------------ (AGAINST THE JUDGMENT/ORDER IN O.P.(MV) 676/1999 DATED 5/08/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,THODUPUZHA) APPELLANT/PETITIONERS: ------------------------------------------- 1. SHAHUL HAMEED S/O. MATHEW, AGED 48, RESIDING AT KUNNAMKOTTU HOUSE, MADAMPADY, KOOMPANPARA, ADIMALY. 2. ABITHABEEGAM, W/O. SHAHUL HAMEED, AGED 42, RESIDING AT KUNNAMKOTTU HOUSE, MADAMPADY, KOOMPANPARA, ADIMALY. 3. HANEEFA, S/O. SHAHUL HAMEED, AGED 24, RESIDING AT KUNNAMKOTTU, MADAMPADY, KOOMPANPARA, ADIMALI. BY ADV. SRI.C.K.VIDYASAGAR SRI.P.CHANDY JOSEPH RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. M/S. VANCHINADU FINANCE LTD., PERUMBAVOOR. 2. KORA BABY, PANTHALANGAKUDY HOUSE, MANNAMKANDAM, ADIMALY. 3. BIJU JACOB, PANTHALANGAKUDY HOUSE, 200 ACRE, ADIMALY. 4. UNITED INDIA INSURANCE CO.LTD., PERUMBAVOOR. 5. JACOB JOSEPH, POOVATHUNKAL HOUSE, PARATHODU P.O., VENGATHANAM, KANJIRAPPALLY. 6. THE ORIENTAL INSURANCE CO.LTD., K.K.ROAD, KANJIRAPPALLY. ADV. SRI.N.ANILKUMAR FOR R2 & R3 SMT.P.K.SANTHAMMA FOR R4 SRI.P.V.JYOTHI PRASAD FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & THOMAS P. JOSEPH, JJ. ------------------------------- M.A.C.A.NO.975 OF 2004 (G) ----------------------------------- Dated this the 10th day of November, 2008 J U D G M E N T KOSHY,J. A 23 year old youngster died in a motor accident on 3.7.1999. His parents and younger brother claimed compensation of Rs.5 lakhs for the death. But Tribunal awarded only Rs.1,32,000/- with interest after finding that the accident occurred due to the negligence of the 3rd respondent driver of the autorickshaw in which the deceased was travelling and the autorickshaw was insured by the 4th respondent Insurance company. Only dispute is regarding the quantum of compensation. 2. Deceased was 23 years old at the time of accident. It is contended that if the motor accident victim's age is between 20 and 25, a highest multiplier of 18 should be MACA.975/04 2 taken as held by the Honourable Supreme Court. The deceased was a bachelor. If the age of the claimants is to be looked into, father was 49 years and mother was 42 years. Tribunal has taken 14 as the multiplier, as in the case of death of an unmarried person, age of the claimants has to be looked into for fixing multiplier. We see no ground to change the above. Deceased was a heavy vehicle driver. Ext.A9 is the driving licence of the deceased. Ext.A1 is the certificate issued from Anju Transport, Adimaly, which shows that the deceased was earning a monthly income of Rs.4,500/-. But Tribunal fixed only Rs.2,000/- as the monthly income. Then only one third of the above was taken for calculating dependency compensation. He was a heavy duty driver. Even if Ext.A1 is discarded, it is argued that a heavy vehicle driver will get atleast Rs.200/- per day and he will get minimum 20 to 25 days work in a month and hence Rs.2,000/- fixed as monthly income by the Tribunal is very low. Considering that the deceased was a heavy vehicle driver with proper licence, we are of the opinion that atleast Rs.3,000/- ought have been taken as the monthly income, 1/3 rd is to be deducted MACA.975/04 3 for personal expenses and thus, Rs.2,000/- is taken as the monthly income. Hence, compensation payable for loss of dependency will be Rs.2,000 x 12 x 14 =Rs.3,36,000/-. Tribunal has awarded only Rs.1,12,000/-. So, claimants will be entitled to an additional amount of Rs.2,24,000/- for loss of family contribution. It is argued that compensation granted under other heads are very meager but considering the total amount granted, we are of the opinion that no enhancement is required under other heads. Hence the additional compensation will be Rs.2,24,000/- and the above amount should be deposited by the 4th respondent Insurance company with 7.5% interest from the date of application till its deposit over and above the amount decreed by the Tribunal and on deposit of the above amount, appellants 1 and 2 are entitled to withdraw the same in equal proportion. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE prp