IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 MACA.No. 945 of 2006() ---------------------- OPMV.1140/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONERS: ------------------------------------- 1. CHANDRIKA, W/O. KUTTAPPAN. 2. REKHA, D/O. KUTTAPPAN, 3. RATHEESH, S/O. KUTTAPPAN, 4. AMMINI, W/O.APPUKUTTAN, ALL ARE RESIDING AT KOTTILINGAL HOUSE, P.O. NEDUPUZHA, PARAMUKKU, THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SRI.SREEKANTH.K.R SRI.JIBU P THOMAS SRI.SUNIL J.CHAKKALACKAL RESPONDENT(S):RESPONDENTS --------------- 1. RAKESH RAFFEL, S/O. RAFFEL, RESIDING AT THARAYIL BHAVAN, PUTHURKARA, AYYANTHOLE, THRISSUR DISTRICT. 2. SANTHOSH, S/O. SUBRAMANIAN, RESIDING AT NATTAKKAL HOUSE, P.O. AYYANTHOLE, THRISSUR DISTRICT. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, PARK HOUSE, ROUND NORTH, THRISSUR. ADV. SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.945 of 2006 -------------------------------------- Dated this the 4th day of December, 2008. JUDGMENT Thomas P.Joseph, J. Husband of the first appellant, at a time when he was aged 52 years suffered serious injuries on 3.2.2001 and succumbed to it on 8.2.2001 The motor cycle which the second respondent was riding, as found by the Tribunal in a rash and negligent manner hit the deceased. Appellants who are the wife, children and mother of the deceased claimed compensation of Rupees Five lakhs. Tribunal awarded a total sum of Rs.2,92,650/-. According to the appellants, they are entitled to get enhanced compensation and preferred this appeal. 2. Heard counsel for the appellants and contesting respondent. 3. Point for decision is whether appellants are entitled to get enhanced compensation. MACA No.945/2006 2 4. The Point. According to the appellants, deceased was running a tea shop and earning Rs.5,000/- per month. Appellants adduced oral evidence in that way. In the absence of supporting evidence regarding monthly income, Tribunal fixed the same at Rs.2,000/-, deducting one third for personal expenses, fixed the annual contribution at Rs.16,000/- and taking '11' as the multiplier, awarded Rs.1,76,000/- towards loss of contribution and dependency. According to the appellants, monthly income fixed and compensation awarded are low. 5. It is true that appellants were not able to produce documentary evidence regarding the monthly income of the deceased. But they have adduced evidence to show that the deceased was running a tea shop at the relevant time. Ext.A8 is the licence issued to the deceased under the Dangerous and Offensive Trades Rules for running tea shop. Ext.A9 is the copy of the tax receipt. Even if it is assumed that appellants can continue that business after the death of the deceased, fact that deceased on account of his own labour and personal supervision of the business could have earned more than what the family could have earned has to be taken into consideration. Appellants may have to engage another person to manage the tea shop and incur loss on that account. Considering the age of the deceased, nature of the business and also the fact that he was maintaining a family consisting of wife, two children and his mother with his earnings, we are inclined to think that his MACA No.945/2006 3 monthly income should have been fixed as Rs.3,000/- atleast. Deducting one third for personal expenses, contribution to the family comes to Rs.2,000/- per month. It is considering the age of the deceased and getting guidance from the Second Schedule that the Tribunal fixed '11' as the multiplier which we find no reason to interfere. Thus, compensation payable for loss of dependency and contribution comes to Rs.2,64,000 (Rs.2,000x12x11), as against Rs.1,76,000/- awarded by the Tribunal. Additional compensation payable on that count is Rs.88,000/-. 6. Tribunal has awarded compensation for transportation charges, extra nourishment, damage to clothing, treatment expenses as per Ext.A7 series, medical bills, funeral expenses, pain and suffering, loss of estate, loss of consortium to the first appellant and loss of love and affection to appellants 2 to 4. Though counsel requested us to interfere with the compensation awarded on those counts, we are not persuaded to accept that request since we are satisfied that compensation awarded on those counts are quite just and fair. Thus the additional compensation payable to the appellants is Rs.88,000/-. Appellants will get interest at the rate of 7.5% per annum from the date of application till realization. Resultantly, this appeal is allowed in part. Over and above the compensation awarded by the Tribunal, appellants are allowed to realize a further sum of Rs.88,000/- (Rupees Eightyeight thousand only) with 7.5% interest per annum from the date of application till realization from respondents 1 MACA No.945/2006 4 to 3, jointly and severally. Third respondent being the insurer of the vehicle is directed to deposit the said amount in the Tribunal. On such deposit, fourth appellant, mother of the deceased is permitted to withdraw Rs.25,000/-. Half of the balance amount will go to the first appellant and the rest will be shared by appellants 2 and 3, equally. Appellants are permitted to withdraw their respective shares. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks