IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 MACA.No. 284 of 2003() --------------------------------- OPMV.289/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANTS/PETITIONERS ---------------------------------------- 1. CHINNAMMA, W/O.LATE SRI.MATHAI, PADINJAREKKARA, PUTHENPURAYIL, @ PAZHUKKALIL, KORENCHIRA P.O., VADAKKANCHERY, VELLIKULAMBU (WIDOW). 2. REENA W/O.GEORGE, (D/O.LATE SRI.MATHAI, CHETTIAMKUDIYIL, KORENCHIRA P.O., LEVANAPADAM. 3. REEJA, W/O.JOHNY, (D/O.LATE SRI.MATHAI) KATTILAPPOVAN, PULLANKUNDOM, TRICHUR. 4. ELDHO, S/O.LATE SRI.MATHAI, PADINJAREKKARA, PUTHENPURAYIL, KORENCHIRA, VADAKKUMCHERY, VELLIKULAMBU, PALAKKAD. 5. UNICHA, W/O.KURIAN, PADINJARAKKARA PUTHENPURAYIL, KORENCHIRA, VADAKKUMCHERRY, VELLIKULAMBU, PALAKKAD. BY ADV. SRI.SIBY MATHEW SMT.ANNIE PAUL RESPONDENTS/ RESPONDENTS ---------------------------------------------- 1. K.I.KURIAKOSE, KUTTICHIRAKUDY HOUSE, OONNUKAL P.O., KOTHAMANGALAM. 2. MUSTHAFA, S/O.HASSAN, OLICKAL PUTHENPURAYIL, PIDAVOOR KARA, VARAPPETTY VILLAGE, KOTHAMANGALAM. MACA. NO.284/2003 3. THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., KOTHAMANGALAM. 4. G.NAGENDRAN, MERCHANT AND COMMISSION AGENT, MARKET ROAD, MUVATTUPUZHA. 5. ELDHOSE P.MATHEW, S/O.MATHEW P.MATHAI, PALAKKADAN HOUSE, THANKALAM KARA, KOTHAMANGALAM. 6. THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., THODUPUZHA. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) - R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/06/2008, ALONG WITH MFA NO. 318 OF 2003, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.A.C.A.No.284/03 & M.F.A.No. 318/03 =========================== Dated this the 17th day of June, 2008. JUDGMENT Koshy,J. The husband of the first appellant in M.A.C.A.No.284 of 2003 sustained fatal injuries in a motor accident on 10.1.1998 at 1.30 p.m. He was first admitted in the nearby hospital at Kothamangalam and thereafter to the M.M.M. Hospital, Kolenchery. On the same day evening he expired. His widow, children and mother applied for compensation claiming an amount of Rs.3 lakhs. The Tribunal has awarded Rs.2,08,000/-. Only the quantum of compensation is disputed by the appellants in M.A.C.A.No.284 of 2003. The Insurance Company filed M.F.A.No.318 of 2003 against the same award. According to the Insurance Company, the quantum of compensation awarded is excessive. Before the Tribunal, the Insurance Company had a case that the deceased died due to heart attack. In the appeal filed, it is contended that the death was not due to the accidental MACA284/03 & MFA 318/03 -: 2 :- injuries, but due to illness. 2. From the FIR, medical certificate and postmortem certificate, the Tribunal found that the death was due to accidental injuries. The Tribunal found as follows: "16. Ext.A7 is the copy of accident register cum wound certificate issued from M.M.M. Hospital, Kolenchery as per which the deceased Mathai was admitted on 10.1.1998 following accident with the collusion of the car and lorry. He was first admitted in the hospital at Kothamangalam and admitted in the Kolenchery hospital at 2.30 p.m. At 3.15 p.m. on the same day of accident he was expired. He was aged 55 at the time of accident. Ext.A8 is the postmortem certificate of the deceased Mathai in which the doctor noted that the cause of death was due to traumatic injuries to the brain, as a result of the road traffic accident. By Exts.A7 and A8 the petitioners have proved the injuries and consequential death of the deceased Mathai." Considering Exts.A7 and A8 and considering the evidence adduced, we are of the view that no grounds are made out to show that he died out of natural causes. 3. He may have some disease. But proximate cause of MACA284/03 & MFA 318/03 -: 3 :- death was the accident. There is no evidence to show that he was having any serious disease. His death will be due to head injuries caused in the accident. With regard to the quantum of compensation, the deceased was an agriculturist. According to the claimants, he was getting Rs.4,500/- per month. The Tribunal has awarded a compensation of Rs.1,32,000/- for loss of dependency taking Rs.1,500/- as the monthly income. At the time of the accident, he was maintaining a family of five members consisting of his wife, three children and old mother. It is true that apart from the contention that he was an agriculturist, no evidence was adduced to show his income. The accident occurred in 1998. He was maintaining a large family. Considering the monthly income of an unskilled worker in Kerala, we are of the opinion that at least Rs.2,700/- ought to have been taken as monthly income. If that be so, the monthly loss of dependency is Rs.1,800/-. He was aged 55 years at the time of death. We are of the opinion that 8 alone need be taken as multiplier taking guidance from the 2nd Schedule. If that so, the compensation for loss of dependency will be Rs.1,72,800/-. Therefore, the claimants will be entitled to get an additional MACA284/03 & MFA 318/03 -: 4 :- amount of Rs.40,800/-. It is contended that the compensation granted for loss of consortium, funeral expenses, etc. were very meagre. Considering the total compensation awarded, we are of the view that no enhancement is required under any other hands. 4. The additional amount of Rs,40,800/- should be deposited by the Insurance Company (appellant in M.F.A.No.318 of 2003) with 7.5 % interest from the date of application till its deposit over and above the amount decreed by the Tribunal. On deposit of the amount, the wife/first appellant is allowed to withdraw the same. M.A.C.A.No.284 of 2003 is partly allowed and M.F.A.No.318 of 2003 is dismissed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 20/6