IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 MACA.NO. 938 OF 2006() ----------------------------------- OPMV.1249/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANTS/PETITIONERS: ------------------------------------------------------------- 1. K.V. INDIRA, AGED 45 YEARS, W/O. LATE GOPINATH. 2. K.V. PRASAD, AGED 29 YEARS, S/O. LATE GOPINATH. 3. K.V. PRAJESH KUMAR, AGED 25 YEARS, S/O. LATE GOPINATH. 4. K.V. VIJESH, AGED 24 YEARS, S/O. LATE GOPINATH. (ALL ARE RESIDING AT GOPINATH HOUSE, NEAR AYODHYA AUDITORIUM, S.S. TEMPLE ROAD, PAYYANNUR). BY ADV. SRI.M.V.AMARESAN SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): RESPONDENT NO.3 AND SUPPL. RESPONDENT NO.4: ------------------------------------------------------------------------------------------------- 1. NEW INDIA ASSURANCE COMPANY LTD., SM SHOPPING COMPLEX, ALUVA ROAD, ANGAMALY, P.O. ANGAMALY. 2. VELLORA VADAKKEVEETTIL THAMBAY AMMA, W/O. KRISHNA PODUVAL, KOROM, VIA. PAYYANNUR, KANNUR. ADV. SMT.A.SREEKALA FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = = M.A.C.A. No.938 of 2006 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 26th day of November, 2008 J U D G M E N T ---------------------- Koshy, J. First appellant's husband died at the age of 48 years. He was a heavy vehicle driver. On 22.4.2000 while he was standing on the side of the National Highway at Kalamassery, a Car driven by the second respondent and insured by the third respondent hit him. He died on the next day. It has also come out in evidence that he was employed as a driver of a National Permit lorry. Exhibit A7 is the driving licence Exhibit A17 series are the bank account details and Exhibits A12 to A16 were produced to show that he was earning substantial income. According to the appellants deceased was getting Rs.250/- per day for driving heavy vehicle apart from the bata. It was further contended that he was having a shop as a side business and was earning income from that also. It was contended that as per the Motor Vehicle Drivers Payment of Fair Wages Act, the salary of a heavy vehicle diver per month was Rs.4,600/- but the Tribunal fixed only Rs.2,500/- as the monthly income. Considering the fact that the deceased was driving National Permit lorry and the accident occurred M.A.C.A. No.938 of 2006 -: 2 :- in the year 2000, we fix Rs.4,000/- as the monthly income. Hence the annual income is Rs.48,000/-. After deducting 1/3rd for personal expenses, the annual loss of dependency of the family is fixed as Rs.32,000/-. He was aged 46. Tribunal has adopted 16 as the multiplier. But as per the guidelines in the second schedule of the Motor Vehicles Act the apt multiplier to be adopted is 13. Thus the compensation payable for loss of dependency and family contribution will be Rs.4,16,000/- (32,000x13). Tribunal has awarded Rs.3,20,000/- for loss of dependency and family contribution. Therefore the additional compensation payable to the appellants will be Rs.96,000/-. 2. Though counsel for the appellants contended that compensation awarded on other counts are low, considering the additional compensation to which the appellants are found entitled, we are of the opinion that the amount awarded on other counts need no interference. Thus the additional compensation payable to the appellants is Rs.96,000/- (Rupees Ninety six thousand). Third respondent is directed to deposit the said amount with interest at the rate of 7.5% per annum from the date of application till realisation. On deposit, first appellant is allowed to withdraw one half of the said amount and other appellants are allowed to withdraw the balance M.A.C.A. No.938 of 2006 -: 3 :- amount in equal proportion. Appeal is allowed in part as above. J.B. KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. vsv