IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 MACA.No. 191 of 2003() ---------------------- OPMV.328/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANTS/CLAIMANTS: -------------------------------------- 1. JAYACHANDRAN NAIR, S/O.KRISHNAN NAIR, "SARANYA" MYLOTTUMOOZHI, KATTAKADA P.O., THIRUVANANTHAPURAM DISTRICT. 2. ANEESH, S/O. JAYACHANDRAN NAIR, "SARANYA" MYLOTTUMOOZHI, KATTAKADA P.O., THIRUVANANTHAPURAM DISTRICT. 3. MISS. LEKSHMI (MINOR), D/O. JAYACHANDRAN NAIR, "SARANYA" MYLOTTUMOOZHI, KATTAKADA P.O., THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY HER FATHER JAYACHANDRAN NAIR. 4. KRISHNAN NAIR, S/O. NARAYANAN POTTI, POOVANVILAKATHU VEEDU, ANAKKODE, VEERANKAVU P.O., (VIA) KATTAKADA. 5. KRISHNAMMA, W/O. KRISHNAN NAIR, POOVANVILAKATHU VEEDU, ANAKKODE, VEERANKAVU P.O., (VIA) KATTAKADA. BY ADV. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.VIMAL KUMAR.A.V. Kss ...2/- ...2..... M.A.C.A.NO.191/2003 RESPONDENTS: RESPONDENTS IN THE O.P: ------------------------------------------------------------------- 1. THE MANAGING DIRECTOR, K.S.R.T. CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. D.ROBBY, D/O. DEVADANAM, SHAJI BHAVAN, POTTAYIL, CHERUVELLOOR, KOTTAMOM, PARASSALA P.O., NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. 3. NAGARAJAN, AVITTOM, NEAR PARASUVAIKKAL VILLAGE OFFICE, PARASUVAIKKAL P.O., PARASSALA (VIA), THIRUVANANTHAPURAM. BY ADV. SRI.JOHNSON P JOHN,SC KSRTC. - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & V.K.MOHANAN, JJ. --------------------------------------------- M.A.C.A.No. 191 of 2003 B --------------------------------------------- Dated this the 31st day of July, 2008 J U D G M E N T Koshy,J: A 38 year old teacher sustained fatal injuries in an accident on 22.1.1999. Her husband, two minor children, father and mother filed an application for compensation claiming Rs.10 lakhs contending that the accident had occurred due to the negligence of the driver of the bus owned by the first respondent. The Tribunal found that accident occurred due to the negligence of respondents 2 and 3, but only awarded an amount of Rs.4,14,000/- as total compensation. The only dispute is regarding the quantum of compensation. She was only 38 years old. She had 17 years of further service as the age of retirement was 55 years. At the time of accident, her monthly salary was Rs.4690/-. Ext.A14 is the salary certificate. She has passed B.Sc. and B.Ed, as can be seen from Exts.A8 and A9 certificates that show that she was a qualified teacher. There was nothing to disbelieve these certificates. In fact, the certificates were not questioned MACA NO.191 of 2003 :-2-: by the respondents. This is the summary proceedings. The claimants have a case that in view of the wage revisions and yearly increments, if she continued in employment till the age of retirement, the salary would have been increased more than four times and her retirement benefits would be increased on the basis of last drawn wage. Being a qualified teacher, on retirement at the age of 55 in the aided school, she can teach in private schools and give tuition. According to the claimants, the children and all the family members lost her contribution to the family and considering the future prospects, higher income than that is mentioned in the salary certificate should have been granted by the Tribunal. 2. Considering the facts that the deceased was a school teacher, she was getting Rs.4690/- as the salary at the time of her death, we are of the view that the Tribunal ought to have given at least Rs.4500/- as the salary for the purpose of calculation of compensation. From Rs.4500/-, one-third has to be deducted for MACA NO.191 of 2003 :-3-: personal expenses. So Rs.3000/- can be fixed as monthly contribution. Even though she had got 17 years of service more and even though it was contended that apart from the retirement benefits and pension, she can also earn by teaching after the age of retirement and considering the life expectancy, higher multiplier should be fixed, we are not enhancing the multiplier of 16 given by the Tribunal as the Tribunal had fixed 16 considering the age of the victim and taking second schedule for guidance. If that be so, the compensation for loss of dependency will be Rs.5,76,000/- (Rs.3000x12x16). The Tribunal had granted Rs.3,84,000/-. So the additional amount payable for loss of dependency will be Rs.1,92,000/-. It is contended that compensation awarded under the other heads were very low. Considering the total amount, we are not enhancing the compensation in other heads. The additional amount of Rs.1,92,000/- shall be deposited by the first respondent with 7% interest from the date of application till the date of realisation over and above the MACA NO.191 of 2003 :-4-: compensation awarded by the Tribunal. On deposit of the above, a consolidated sum of Rs.15,000/- each is allowed to be withdrawn by appellants 4 and 5, parents. The balance amount is allowed to be withdrawn by appellants 1 to 3 in equal shares. The appeal is allowed as above. J.B.KOSHY, Judge V.K.MOHANAN, Judge MBS/ MACA NO.191 of 2003 :-5-: J.B.KOSHY & V.K.MOHANAN, JJ. -------------------------------------------- MACA.NO. 191 OF 2003 ------------------------------------ J U D G M E N T DATED: 31-7-2008 MACA NO.191 of 2003 :-6-: