IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 MACA.No. 281 of 2005(C) ----------------------------------- O.P.M.V. NO. 568/1996 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANTS/PETITIONERS: ----------------------------------------- 1. K.A. RAHMATH, W/O. LATE SAIFUDHEEN, KOONAMPARAMBIL HOUSE, ARATTUPUZHA, ALAPPUZHA DISTRICT. 2. HAUWA UMMA, M/O. LATE SAIFUDHEEN, KOONAMPARAMBIL HOUSE, ARATTUPUZHA, ALAPPUZHA DISTRICT. 3. SULTHANA MASHABA (MINOR), AGED 8 YEARS, D/O. LATE SAIFUDHEEN, DO., (REPRESENTED BY HER MOTHER 1ST APPELLANT). BY ADV. SRI.S.SHANAVAS KHAN. RESPONDENTS: ----------------------- 1. BINOYI, S/O. VASUDEVAN, THYPPARAMPATHU HOUSE, CHANTHAPPARA MURI, LOKAMALESWARAM VILLAGE, KODUNGALLUR. 2. SHOUKATHAI. M., THADATHIL HOUSE, KOTTARAKARA. 3. NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, KOLLAM. ADV. SRI.P.JAYASANKAR FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.A.C.A.No.281 OF 2005 ------------------------------------- Dated 18th July, 2008 JUDGMENT Koshy,J . A man aged 30 years died in a motor accident. His wife and mother filed a claim petition claiming a compensation of Rs.14,70,000/=. The wife was pregnant at the time of the accident. Later, she delivered a girl child. She was also impleaded as an additional claimant. According to the claimants, the deceased was the Office Secretary of Islamic Cultural Society and earning Rs.1,800/= per month. According to the claimants, for religious discourses he will get some more amount and they claimed the monthly income as Rs.2,250/=. Tribunal accepted the certificate issued by the Secretary, Islamic Cultural Society and fixed his monthly income as Rs.1,800/=. The deceased has completed the age of 30 years. The Tribunal fixed 16 as the multiplier. One of the contentions raised by the claimants is that multiplier taken is lower than that fixed in the second schedule. Second schedule need be taken only for guidance. On that ground alone award of the Tribunal cannot be set aside. The mother has lost her son at his young age. The Tribunal has awarded Rs.18,000/= for the mother for loss of love and affection and Rs.18,000/= for loss of consortium. But, we note that no amount was awarded for the MACA.281/2005 2 love and affection and parental care to the minor child. The child was in the womb at the time of the accident. She did not get the opportunity to see the father and lost the parental care and paternal affection and also taking into account the fact that a low multiplier is taken, we are of the opinion that Rs.15,000/= ought to have been awarded for loss of love and affection and parental care. The above additional amount of Rs.15,000/= should be deposited by the third respondent insurance company as fixed deposit in a Nationalised Bank, over and above the decreed amount by the Tribunal, with 7.5% interest from the date of application till its deposit. The third appellant is allowed to withdraw the same when she attains the age of 21 or at the time of her marriage, whichever is earlier. The appeal is partly allowed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks