IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 MFA.No. 792 of 2001 --------------------------- AGAINST OPMV.1038/1997 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANTS/APPLICANTS: --------------------------------------- 1. REHNA @ REHUNA, W/O.LATE ASHARAF, RESIDING AT VALIYAVILA, PALAMKONAM, PERUMKULAM.P.O., ATTINGAL, THIRUVANANTHAPURAM. 2. RESHMA @ KINGINI, D/O.LATE ASHARAF, RESIDING AT VALIYAVILA, PALAMKONAM, PERUMKULAM P.O., ATTINGAL, THIRUVANANTHAPURAM. (MINOR AGED 7 YEARS, REPRESENTED BY HER MOTHER AND GUARDIAN, THE 1ST APPELLANT) 3. MUHAMMED ASIK @ BAJI KUTTAN, S/O.LATE ASHARAF, VALIYAVILA, PALAMKONAM, PERUMKULAM P.O. ATTINGAL, THIRUVANANTHAPURAM. (MINOR AGED 5½YEARS, REPRESENTED BY HIS MOTHER AND GUARDIAN, THE 1ST APPELLANT) BY ADV. SRI.T.M.CHANDRAN RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. V.RAJENDRAN, S/O.VENKITACHALAM, 4, NO.3/86, THANCHAVOOR ROAD, KEEZHAPALAVOOR P.O., ARIYEALLOOR TALUK, PERAMBALLOOR DISTRICT, TAMIL NADU. 2. P.AALAMUTHU, S/O.PAZHANI MUTHU, 40 VADAKKU VEEDHI, VEERAKANNAR (VIA) KALARAPADINNA P.O., ALATHOOR TALUK, SELAM DISTRICT. 3. THE UNITED INDIA INSURANCE CO. LTD. REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICE, PERAMBALLUR, TAMIL NADU. R3 BY ADV. SRI.MATHEWS JACOB (SR.) & SRI.P.JACOB MATHEW THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No. 792 of 2001 ----------------------------------------- Dated this the 8th day of January, 2008 JUDGMENT Koshy, J. Appellants are the legal representatives of a motor accident victim, who suffered fatal injuries on 19.4.1997. When the deceased was driving his own car with his wife and children. Lorry, driven by the second respondent, owned by the first respondent and insured by the third respondent, hit the same. His legal representatives claimed a compensation of Rs.16,24,000/-, limited to Rs.15,00,000/-. The Tribunal awarded only Rs.3,42,500/-. Only quantum of compensation is disputed in this appeal. 2. According to the claimants, the deceased was a wholesale merchant getting monthly income of Rs.10,000/-. He was also a broker in vehicles from which he was getting Rs.5,000/- per month. He was contributing Rs.10,000/- for a chitty fund run by PW2. That shows that he was getting an excess amount of Rs.10,000/- per month. Exhibit A9 shows that he was a member of the Kerala Merchants Association. Exhibit A17 shows that he was doing a retail business in provision and not a wholesale business and no evidence MFA.792/01 2 of income tax payment was produced. But, at the same, evidence was produced to show that he was having a car. He was maintaining a family and doing business. The Tribunal fixed Rs.2,000/- only as the monthly income. We are of opinion that atleast Rs.3,000/- ought to have been taken as the monthly income against the claim of Rs.15,000/-. He was 32 years old at the time of accident. The Tribunal has taken 17 as the multiplier. Considering the second schedule as guidance, we are of opinion that no change is required in the multiplier fixed by the Tribunal. After deducting one-third of the income for personal expenses, compensation payable for loss of dependency is as follows: 2000 x 12 x 17 = 4,08,000/-. The Tribunal has awarded only Rs.2,72,000/- for loss of dependency. Therefore, additional amount payable will be Rs.1,36,000/-. Even though it is argued that compensation awarded under other heads are very meagre, considering the total compensation awarded, we are not enhancing he same. The additional amount of Rs.1,36,000/- should be deposited by the third respondent with 7.5% interest from the date of application till the date of deposit. On deposit of the above amount, one-third of the amount can be withdrawn by the first appellant wife. The balance amount should be deposited in a MFA.792/01 3 nationalised bank in the name of second and third appellants equally and it is allowed to be withdrawn by them when they become major. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. MFA.792/01 4 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No.792 of 2001 ------------------------------ JUDGMENT 8.1.2008