IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 MFA.No. 147 of 2003 ----------------------------- O.P(MV).NO.480/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA. .................... APPELLANTS/ PETITIONERS IN O.P. (MV): ------------------------------------------------------------ 1. MARY, W/O. VARGHESE, MANAVALAN HOUSE, ATTAPPADAM DESOM, MURINGOOR - THEKUMMURI VILLAGE, KHANNA NAGAR P.O., MUKUNDAPURAM. 2. DAVIS, S/O.LATE MANAVALAN VARGHESE, -DO- -DO- -DO-. 3. SHALY, D/O.LATE MANAVALAN VARGHESE, -DO- -DO- -DO-. 4. AJISHA VARGHESE, D/O. LATE MANAVALAN VARGHESE, -DO- -DO-, MUKUNDAPURAM. BY ADV. SRI.P.V.BABY, ADV. SRI.A.N.SANTHOSH. RESPONDENTS/ RESPONDENTS IN O.P(MV): ---------------------------------------------------------------- 1. C.T.BABY, CHAKIATH HOUSE, CHERANALLUR, KOCHI-682 034. 2. C.K.BALANANDAN, S/O. KUNJU, CHERUPUKARAN HOUSE, ALAGAPPANAGAR P.O. 3. THE NEW INDIA ASSURANCE CO. (ERNAKULAM BRANCH), CHANDRIKA BUILDINGS, M.G.ROAD, ERNAKULAM. 4. JOSEPH, S/O. LATE MANAVALAN VARGHESE, EMPLOYED WITH TESTLAT MAHTA SALMIA BURYADH, A1-QASSIM K.S.A. ADV. SRI.M.JACOB MURICKAN FOR R3. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & V.K.MOHANAN, JJ. ------------------------------- M.F.A.NO.147 OF 2003 () ----------------------------------- Dated this the 7th day of October, 2008 J U D G M E N T KOSHY,J. A 30 year old man died in a motor accident. His mother, brother and two sisters filed application for compensation claiming an amount of Rs.4 lakhs. Tribunal found that accident occurred due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company and awarded a compensation of Rs.1,50,000/- against a claim of Rs.4 lakhs. Only quantum of compensation is disputed in this appeal. 2. Deceased was 30 years old at the time of accident. He was working as a mason in 'Geetch Constructions'. The Proprietor of the above construction company who issued Ext.A7 certificate stated that he was getting Rs.350/- as daily MFA.147/03 2 income. Ext.A8 is another certificate issued by another person in January 1997, stating that the deceased was getting a daily income of Rs.150/-. Ext.A9 certificate issued by another Engineering consultant shows that earlier deceased was paid Rs.200/- per day for his work. Tribunal fixed only Rs.1,500/- as the monthly income. We are of the opinion that being a mason, he will get more than Rs.100/- per day and he may get 25 days work in a month and his monthly income can be fixed as Rs.2,500/-. Therefore, yearly income will be Rs.2,500 x 12 = Rs.30,000/-, after deducting 1/3 rd for personal expenses, yearly loss of dependency income will be Rs.20,000/-. He was an unmarried person. But it is contended that since his father expired, earlier he was maintaining the family and he remained unmarried to maintain his mother and younger sisters. It is well settled law that when an unmarried person dies, in a claim under Section 166, claimants age is to be looked into. Mother was aged 50 years. Tribunal has taken 11 as the multiplier. We are of the opinion that no enhancement is needed. Therefore, compensation payable for loss of dependency will be Rs.2,20,000/-. Tribunal has MFA.147/03 3 awarded Rs.1,32,000/- towards loss of dependency. Therefore, additional compensation payable will be Rs.88,000/-. Even though it is contended that compensation awarded under other heads are inadequate, we are not enhancing the above considering the total amount awarded. The above amount of Rs.88,000/- should be deposited by the 3rd respondent Insurance company 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 same, 1st appellant mother is allowed to withdraw the same. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE V.K.MOHANAN, JUDGE prp J.B.KOSHY & V.K.MOHANAN, JJ. -------------------------------------------------------- M.F.A.NO.147 OF 2003 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 7th October, 2008