IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 MFA.No. 1202 of 2002() --------------------------------- OP(MV).2442/1994 of IIND ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT: APPLICANTS: ---------------------- 1. P.RAGHAVAN, KALALIL VEEDU, KOTTAPPURAM VILLAGE, PARAVUR, KOLLAM. 2. D.LALITHAMBIKA, -DO- -DO-. 3. R.RAGHUNATHAN, -DO- -DO-. 4. R.SUDHA KUMARI, -DO- -DO-. 5. L.SARASWATHY, -DO- -DO-. 6. RAJENDRA PRASAD, -DO- -DO-. 7. R.JAYAPRAKASH, -DO- -DO-. 8. R.SUJATHA, -DO- -DO-. 9. R.SUPRABHAKUMARI, -DO- -DO-. 10. R.LETHA, -DO- -DO-. 11. R.GIREESH, -DO- -DO-. M.F.A. NO.1202/2002 12. R.YAMUNADEVI, -DO- -DO-. 13. GIRIJA K., -DO- -DO-. BY ADV. SMT.SUMATHY DANDAPANI (SR.) RESPONDENTS: RESPONDENTS: ------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. SHRI SREEKUMAR, S/O.SREEDHARAN PILLAI, SREENILAYAM HOUSE, SOUTH OF SREE DHARMA SASTHA TEMPLE, SAKTHIKULANGARA, KOLLAM. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.F.A.No.1202 OF 2002 ------------------------------------- Dated the 11th June, 2008 J U D G M E N T Koshy,J. A 28 year old young man sustained fatal injuries in an accident on 18.6.1994. His parents, brothers and sisters filed an application for compensation claiming an amount of Rs.15 lakhs. Tribunal has awarded only a total compensation of Rs.1,10,000/-. Quantum of compensation alone is disputed as tribunal found that accident occurred due to the negligence of the 2nd respondent driver of the vehicle owned by the 1st respondent. 2. The deceased was aged 28 years. He was a computer expert. Ext.A10 salary certificate shows that he was getting Rs.4,000/- as the monthly income. Ext.A11 salary certificate shows that after one year, he was getting Rs.5,500/- as monthly salary. Ext.A7 certificate shows that he had Diploma in Computer MFA.1202/02 2 Engineering. In 1994, a Diploma holder in Computer Engineering, may get Rs.4,000/-. Oral evidence was adduced to show that apart from his job, he was doing private work also at the time of accident and was getting Rs.8,000/- and it is also stated that he had arranged for going abroad and he was expecting a very high income considering his qualification. It is further submitted that he was the eldest of the children and the entire family was depending upon him. It is also submitted that death of a 28 year old young man has caused total mental agony to the family considering the age of the claimant. Father was 66 years and mother was 62. However, tribunal has fixed Rs.2,000/- as the monthly income. If age of the deceased was taken, as per the 2nd schedule, 18 is the apt multiplier. Since he was unmarried considering the age of parents, only 5 can be taken as calculated by the tribunal. But considering that he was a Computer Engineer and Ext.A11 shows that he was getting Rs.5,500/-, we are of the opinion that tribunal ought have fixed atleast Rs.3,000/- as the monthly income. If that be so, compensation payable will be Rs.3,000 x 12 x 5 = Rs.1,80,000./-. Tribunal has awarded only Rs.74,000/- towards loss of MFA.1202/02 3 dependency. Therefore, additional compensation payable will be Rs.1,06,000/-. Considering the total amount awarded, we are of the opinion that no enhancement is required under other heads and the above amount of Rs.1,06,000/- should be deposited by the 1st respondent with 7.5% interest from the date of application till its deposit over and above the amount awarded by the tribunal. On deposit of the amount, father and mother of the motor accident victim, 1st and 2nd appellants are allowed to withdraw the same in equal proportion. This appeal is accordingly partly allowed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp MFA.1202/02 4 J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.F.A.No.1202 OF 2002 ------------------------------------- J U D G M E N T 11th June, 2008