IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 MACA.No. 454 of 2008(C) OPMV.1321/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONERS 1. LEELA, W/O.DECEASED RAMAN ARIYAMPURATH HOUSE, MAZHUVANCHERY P.O.ERANELLUR, VIA. KECHERI, THRISSUR DISTRICT. 2. SANDHYA, D/O.DECEASED RAMAN ARIYAMPURATH HOUSE, MAZHUVANCHERY P.O.ERANELLUR, VIA. KECHERI, THRISSUR DISTRICT. 3. SOUMYA, D/O.DECEASED RAMAN ARIYAMPURATH HOUSE, MAZHUVANCHERY P.O.ERANELLUR, VIA. KECHERI, THRISSUR DISTRICT. 4. DHANYA, D/O.DECEASED RAMAN ARIYAMPURATH HOUSE, MAZHUVANCHERY P.O.ERANELLUR, VIA. KECHERI, THRISSUR DISTRICT. BY ADV.MR.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS 1. C.K. SANKARAN, CHITTATHUPARAMBIL HOUSE MUTHUVARA, P.O.PUZHAKKAL, THRISSUR. 2. KUTTAN, S/O.VIDHYADHARAN KURIYAKKOTTA HOUSE, P.O.PUZHAKKAL THRISSUR DISTRICT. 3. UNITED INDIA INSURANCE CO.LTD. BRANCH OFFICE: WADAKKANCHERY ROAD, KUNNANKULAM. R3 BY ADV. MR.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No. 454 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of NOVEMBER, 2009 J U D G M E N T P.R.RAMAN, J 1. Appellants are the dependents and the legal representatives of the deceased who died in a motor accident while the deceased was driving his tempo pick-up van through the Kunnamkulam-Trichur road, a bus came from behind in a rash and negligent manner and hit on the vehicle driven by the appellant. He sustained serious injuries, though he was taken to the hospital. He succumbed to the injuries after 14 days. 2. The accident occurred on 21/12/2001. The appellant as dependents claimed an amount of Rs.11,77,000/- by way of compensation under different heads. It is alleged that the accident occurred as a result of the rash and negligent driving of the second respondent, M.A.C.A. No. 454 of 2008 2 the driver of the Bus. The deceased is said to have earning an amount of Rs.10,000/- per month and Exts.A9,A10 and A11 were produced in support thereof. It is contended that the vehicle owned and driven by the deceased was a new bajaj three wheeler auto, purchased after availing a loan from the Kerala Financial Corporation and as per Ext.A10 evidence, the repayment is being effected every month at Rs.3,000/- per month. Besides, Ext.A9 is a Kury pass book, where the deceased was subscribing Rs.450/-per month. Thus, according to the appellant Rs.3,450/- was paid out of his income. Also, he has to maintain his three children. Therefore, even if the income is estimated on a reasonable basis there is no justification for the Tribunal to fix the income as low as Rs.2,700/-, after deducting one-third and taking Rs.1,800/- per month as notional income. Petitioners also contended that for loss of love and affection, the compensation awarded was not sufficient. 3. Since the Tribunal found that the accident occurred M.A.C.A. No. 454 of 2008 3 as a result of the negligence of the bus driver and the insurance company having admitted the policy, those finding has become final. 4. Let us go to the findings and the sufficiency of compensation awarded, whether it is just compensation. Going by the documentary evidence as discussed above and taking into consideration of the fact that the deceased has to support his family of 4 members, we find the income fixed is too low and contrary to the materials placed on record. On a reasonable estimate, we fix his income as Rs.4,500/- per month and making some provision for his personal expenses, we find it appropriate to fix Rs.3,000/- as the multiplicand. On reworking of the compensation taking 15 as a multiplier, the dependency compensation comes to Rs.5,40,000/- out of which an amount of Rs.3,24,000/- has been awarded. Therefore, the appellants are entitled for the balance amount of Rs.2,16,000/-. Towards love and affection we award a further amount of Rs.5,000/-. M.A.C.A. No. 454 of 2008 4 Compensation has been awarded adequately under all other heads. Accordingly, we direct a further amount of Rs.2,21,000/- as additional compensation which will carry interest @7% from the date of petition. The said amount shall be deposited by the insurance company as early as possible, at any rate within two months from the date of receipt of the copy of this judgment. It will be open to the appellants to apply to the Tribunal for withdrawing the same. Appeal is allowed. Balance court fee, if any, payable shall be deposited before the withdrawal of the deposit. P.R.RAMAN, JUDGE P.R. RAMACHANDRA MENON, JUDGE nl