IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 MACA.No. 1386 of 2004() ---------------------------------- OPMV.695/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/PETITIONER: -------------------------------------------------------------- 1. P.J. JOSEPH, S/O. OUSEPH, AGED 56 YEARS, PALAKKATTU HOUSE, MUDPOIKA P.O., NILAMBUR, MALAPPURAM. 2. LEELAMMA JOSEPH, W/O. P.J. JOSEPH, AGED 48 YEARS, PALAKKATTU HOUSE, MUDPOIKA, NILAMBUR, MALAPPURAM. BY ADV. SMT.K.V.RASHMI SULEKHA BEEVI RESPONDENT(S): RESPONDENTS: ------------------------------------------------- 1. ABDUL SHUKKUR. K., S/O. ABDU, KINATTINGAL THODIKA HOUSE, VADAPURAM P.O., MALAPPURAM. 2. SHAHUL HAMEED, S/O. MOIDEEN, THENJERI HOUSE, POOVATHINKKAL P.O., EDAVANNA. 3. ORIENTAL INSURANCE CO.LTD., MANJERI, MALAPPURAM. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- M.A.C.A.NO.1386 OF 2004 () ----------------------------------- Dated this the 26th day of September, 2008 J U D G M E N T KOSHY,J. Appellants are the unfortunate parents of a youngster who died in a motor accident on 18.1.2000. Against a claim of Rs.4,00,000/-, Tribunal awarded a total compensation of Rs.1,67,400/-. Only dispute is regarding the quantum of compensation. 2. The first question is regarding the multiplier. Deceased was a 23 year old youngster. Tribunal has taken 11 as the multiplier considering the age of the parents. It is contended that on the basis of a Supreme Court decision that since the age of the deceased was 23 years, the maximum multiplier of 18 should be adopted. But it is a well settled law that if the deceased is unmarried, age of the claimants need be looked into. Father was 56 years old and mother was 48 years old. Therefore, taking guidelines from the 2nd schedule, MACA.1386/04 2 11 was taken as the multiplier and we are of the opinion that no enhancement is required in the multiplier fixed by the Tribunal. Claimant was employed in Saudi Arabia at the time of accident. Ext.A6 passport proves the above contention and Ext.A4 certificate shows that 1,000 Saudi Riyals was his monthly salary. Based on the decision of the Honourable Supreme Court in United Insurance Co. Ltd. v. Patricia Jean Mahajan and others (JT 2002 (5) SC 74) it was argued that the monthly income should be fixed on the basis of the exchange rate prevailing at the time of accident with regard to the persons who are employed in foreign countries. It is contended that 11 rupees was the exchange rate at the time of accident. PW1, father of the deceased also deposed that the deceased was regularly sending Rs.5,000/- for the parents. Learned counsel for the Insurance company submitted that being an employee in Saudi Arabia, his expenses will be more and since parents are the claimants, only 50% of the amount will be taken into account. Considering all these aspects, we take Rs.5,000/- as the monthly income for the purpose of calculation of compensation. If that be so, yearly income will be Rs.60,000/-, 1/3 rd has to be deducted, MACA.1386/04 3 Rs.40,000/- will be the annual dependency. If that be so, compensation for loss of dependency will be Rs.4,40,000/- (Rs.40,000 x 11). Tribunal has awarded an amount of Rs.2,000/- for funeral expenses and Rs.5,000/- for pain and sufferings. We are of the opinion that since the claim amount was only Rs.4,00,000/- and loss of dependency is more than Rs.4,00,000/-, we limit the compensation payable to Rs.4,00,000/-. The above amount of Rs.4,00,000/- should be deposited by the Insurance company with interest as awarded by the Tribunal after deducting the amount already deposited by the Insurance company. On deposit of the above amount, claimants are allowed to withdraw the same in equal proportion. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th September, 2008