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. 192 of 2005() ---------------------- AGAINST THE JUDGEMENT/ORDER IN OPMV.2217/1998 Dated 29/08/1998 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM. .................... APPELLANT(S):CLAIMANTS: ------------------------------------------- 1. S.PAUL SOLEMAN, 32, F3 MURUGAN SOMANATH STREET, VALIYOOR P.O., RADHAPURAM TALUK, THIRUNELVELI DISTRICT. 2. V.MARY RETEHANIEM, W/O.S.PAUL SOLEMAN, 32, F3 MURUGAN SOMANATH STREET, VALIYOOR P.O., RADHAPURAM TALUK, THIRUNELVELI DISTRICT. 3. P.EZHILARASI, D/O.S.PAUL SOLEMAN, 32, F3 MURUGAN SOMANATH STREET, VALIYOOR P.O., RADHAPURAM TALUK, THIRUNELVELI DISTRICT. BY ADV. SRI.JAMES KURIAN SRI.SANTHOSH MODAYIL RESPONDENT(S): RESPONDENTS: --------------------------------------------------- 1. SASIKUMAR, S/O.GOVINDAN, MOHANACHANDRAVILASAM, IV/948, SURYA, NIRAMANKARA, PAPPANAMKODE, TRIVANDRUM. 2. N.CHANDRAN, KARAMANA BRIDGE, V.C.NIVAS, THIRUVANANTHAPURAM. 3. THE NEW INDIA INSURANCE CO.LTD., THIRUVANANTHAPURAM. 4. M.M.JOHN, MATTAKKATTU HOUSE, THEKKEKARA P.O., MANCOMPU. 5. RAJEEV.P.O., S/O.VIJAYARAJAN, PUTHENPARAMBIL, KURUSUMMOODU P.O., CHANGANACHERRY. Kss ..2/- ....2.... MACA.NO.192/2005 6. THE ORIENTAL INSURANCE CO.LTD., CHANGANACHERRY-2. ADV.SRI.M.MADHUSOODANAN NAIR FOR R1 & R2 SRI.M.RAMASWAMY PILLAI FOR R1,2 SRI.VPK.PANICKER FOR R3 SRI.V.PREMCHAND FOR R5 SRI.GEORGE CHERIAN (THIRUVALLA) 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.192 OF 2005 (G) ----------------------------------- Dated this the 10th day of November, 2008 J U D G M E N T KOSHY,J. The unfortunate parents along with sister of a motor accident victim filed an application for compensation for Rs.4.5 lakhs. Only Rs.78,000/- was awarded as total compensation and the Tribunal found that accident occurred due to the negligence of drivers of both the vehicles involved in the accident. As both vehicles were covered by valid policy of insurance, 3rd and 6th respondents Insurance companies were directed to deposit the amount. Only dispute raised for our consideration is regarding the quantum of compensation. 2. Deceased was 33 years old at the time of accident. Even though post-mortem certificate shows that the deceased MACA.192/05 2 was 36 years, claimants adduced evidence to show that the deceased was only 33 years old. In any event, he was an unmarried person. For taking the multiplier, age of the claimants has to be considered. Parents were over 60 years. Therefore, only 5 can be taken as the multiplier. Tribunal has taken only 5 as the multiplier. No enhancement is required in the multiplier fixed by the Tribunal. It is argued that the deceased has an unmarried sister. He was the only earning member and he was maintaining the family. He was employed as an Accountant in a Textile Shop and his monthly income was Rs.3,000/-. Considering the fact that he was aged 33 years and employed, we are of the opinion that monthly income of Rs.3,000/- claimed ought to have been accepted. If that be so, loss of family contribution was Rs.2,000/- per month, i.e., after deducting 1/3 rd towards personal expenses. Therefore, compensation for loss of family contribution will be Rs.2,000 x 12 x 5= Rs.1,20,000/-. Tribunal has granted only Rs.60,000/- towards loss of family contribution. Hence additional amount payable will be Rs.60,000/-. The above amount of Rs.60,000/- should be MACA.192/05 3 deposited by 3rd and 6th respondents Insurance companies in equal proportion with 7.5% interest from the date of application till its deposit over and above the decreed amount by the Tribunal and on deposit of the amount, claimants 1 and 2 are entitled to withdraw the same. Appeal is partly allowed. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE prp