IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 MFA.No. 1268 of 2000() ---------------------- OPMV.42/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANTS/PETITIONERS: ----------- 1.VESU,AGED 49 YEARS, W/O.LATE AYYAPPAN, THRAVODE PARLI P.O., PALAKKAD DISTRICT. 2.RADHA,AGED 32 YEARS,D/O.LATE AYYAPPAN, PARLI P.O., PALAKKAD DISTRICT. 3.SARADA,AGED 30 YEARS, D/O.LATE AYYAPPAN,THRAVODE PARLI P.O., PALAKKAD DISTRICT. 4.UNNIKRISHNAN,AGED 25 YEARS, S/O.LATE AYYAPPAN, THRAVODE PARLI P.O., PALAKKAD DISTRICT. 5.HARIDASAN,AGED 18 YEARS, S/O.LATE AYYAPPAN, THRAVODE PARLI P.O., PALAKKAD DISTRICT. 6.SREEJA,AGED 16 YEARS, D/O.LATE AYYAPPAN,REP. BY GUARDIAN-MOTHER VESU, THRAVODE, PARLI P.O., PALAKKAD DISTRICT. 7.VIJAY,AGED 27 YEARS,S/O.LATE AYYAPPAN, THRAVODE PARLI P.O., PALAKKAD DISTRICT. BY ADV. SRI.S.SANTHOSH RESPONDENTS: ------------- 1.T.K.OMANADASAN,S/O.T.K.KUTTAN, AGE NOT KNOWN, THOVARAKKAD HOUSE, MANKARA P.O., PALAKKAD DISTRICT (OWNER OF AUTORICKSHAW KL-10/7940) M.F.A.NO.1268/2000 2.NATIONAL INSURANCE CO. LIMITED, MANJERI P.O., MALAPPURAM DISTRICT, (INSURER OF AUTORICKSHAW KL-10/7940) 3.T.K.KANNAN,S/O.KUTTAN,THUVARAKKAD HOUSE, MANKARA P.O., PALAKKAD DISTRICT. 4.IBRAHIM, AGE NOT KNOWN, S/O.MOHAMMED KUTTY, K.K.HOUSE, KALAM, KUNDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.LAL GEORGE THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & A.K.BASHEER, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.No.1268 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March 2008 JUDGMENT Koshy, J. Husband of the first appellant died in a motor accident. Wife of the deceased and his six children claimed compensation of Rs.2,87,000/-. Motor Accident Claims Tribunal found that the accident occurred due to the rashness and negligence of the 3rd respondent, driver of vehicle which was insured by the 2nd respondent, insurance company. Tribunal awarded a compensation of Rs.1,26,700/-. Only the quantum of compensation is disputed in this appeal. Hence we deal with that contention only. 2. According to Ext.A4, wound certificate, the deceased was aged 52 years. But according to the claimants, he was only 48. The youngest child was nine years old. The Tribunal has taken nine as the multiplier. If we take his age as 52 years, the multiplier will be 11 as per 2nd schedule. Therefore, we are of M.F.A.No.1268 OF 2000 :: 2 :: the view that 11 is to be taken as the multiplier taking guidance from second schedule. Tribunal has fixed only Rs.1,200/- as the monthly income. He was the only bread winner. Considering the large family of the deceased consisting of his wife and six children and considering even the daily wages of unskilled worker, we re-fix the monthly income as Rs.1,800/-. After deducting 1/3rd, the monthly loss of dependency would be Rs.1,200/- and the compensation payable for loss of dependency of family would be Rs.1,58,400/- (1200 x 12 x 11). Tribunal awarded Rs.97,200. So claimants are entitled to an additional amount of Rs.61,200. 3. We are of the view that compensation awarded under other heads are reasonable. The additional amount of Rs.61,200/- should be deposited by the second respondent, Insurance company with 7.5% interest from the date of application till its deposit over and above of the decreed amount by the Tribunal. From the amount 50% of the amount is allowed to be withdrawn by the wife/first appellant and balance amount M.F.A.No.1268 OF 2000 :: 3 :: is allowed to be withdrawn by the children of the deceased in equal proportion. Appeal is accordingly allowed. J.B.KOSHY, JUDGE A.K.BASHEER, JUDGE jes