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 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 M.A.C. A.No. 268 of 2003(D) ------------------------------------ OP(MV) NO.1034/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA ................................ APPELLANTS/APPLICANTS 2 & 3: -------------------------------------------- 1. A. SANTHA BAI, RESIDING AT KUMAR SADANAM, CHENADU, VALICODE, OTTASEKHARAMANGALAM P.O. 2. S.S.ANILKUMAR, RESIDING AT -DO- -DO-. BY ADV. SRI.L.MOHANAN SMT.LIGEY ANTONY RESPONDENTS/ RESPONDENTS: ---------------------------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. VARGHESE ALIAS JOHNSON, RESIDING AT CHARUPARA KOTTAYAKONAM PUTHEN VEEDU, CHARUPARA, KULANGARA, KULATHUMMAL, KATTAKADA P.O. 3. KRISHNAN KUTTY ALIAS KRISHNAN, RESIDING AT KUNNIYODEVILAKOM VEEDU, KUNNANADU, OTTASEKHARAMANGALAM P.O. ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/11/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ------------------------------------------------------- M.A. C.A No. 268 of 2003 ----------------------------------- Dated this the 5th day of November, 2008 J U D G M E N T J.B.KOSHY,J. First appellant's son died in a motor accident on 21/06/1999. First appellant, her husband and her son filed an application for compensation claiming an amount of Rs.4,00,000/-. The tribunal found that the accident occurred due to the negligence of the driver of the bus owned by the first respondent, Kerala State Road Transport Corporation. However, against a claim of Rs.4,00,000/- amount awarded was only Rs.1,33,524/-. Only quantum of compensation is disputed in this appeal. During pendency of the application, father of the victim died. 2. It is submitted that deceased was a graduate and was earning Rs.4,000/- per mensum from tuition and music classes. The tribunal has taken only Rs. 2,000/- per month as notional income. It is the contention that being a graduate high income ought to have been taken. Considering the fact that his age was 25 years at the time of accident and being a graduate, we are of the opinion that Rs.2,500/- ought to have been taken as monthly income (i.e. Rs.30,000/- per year). After deducting 1/3 for personal expenses, Rs.20,000/- is the loss of dependency to the family. The M.A. C.A No. 268/2003 2 tribunal has taken 11 as the multiplier. It was argued that, even though multiplier taken was on the higher side, multiplicant taken is very low. Considering the age of the claimants, tribunal fixed 11 as the multiplier. There is no ground to enhance the same. Therefore the compensation payable for loss of dependency claim is Rs.2,20,000/-(20000x11). Tribunal awarded only Rs.96,024/-. Hence additional compensation payable for loss of dependency is Rs.1,23,976/-. In the above circumstances, we direct the first respondent to deposit Rs.1,23,976/- over and above the amount decreed by the tribunal with 7.5% interest from the date of application till the date of deposit. On deposit of the amount, appellants/petitioners are allowed to withdraw the same in equal proportion. Appeal is partly allowed. J.B.KOSHY,JUDGE THOMAS P. JOSEPH, JUDGE scm