IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MACA.No. 6 of 2007() ---------------------------- OPMV.931/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANTS/PETITIONERS ----------------------------------------- 1. K.K.USHA, W/O. ANANDA KISHORE, "USHUS", PAYAM P.O., PAYAM AMSOM AND DESOM, KOLIKKADAVU, KANNUR. 2. KEERTHANA KISHORE, AGED 12 YEARS, (MINOR) D/O. ANANDA KISHORE, REP. BY MOTHER K.K.USHA, RESIDING AT -DO- 3. KIRAN KISHORE, AGED 7 YEARS, (MINOR), S/O. ANANDA KISHORE, REP. BY MOTHER K.K.USHA. BY ADV. SRI.T.A.RAMADASAN SRI.CIBI THOMAS RESPONDENTS/ RESPONDENTS ----------------------------------------------- 1. FAKKARUDHEEN, S/O. HUSSAINE, CHELAYIL HOUSE, VAYATHUR AMSOM, ULIKKAL P.O., KANNUR. 2. K.K.YOUSUF, S/O. ABDULLA, KUNDAN KULAVAN HOUSE, MANANTHERI, KUTHUPARAMBA P.O. 3. UNITED INDIA ASSURANCE CO. LTD., THALASSERY. ADV. SRI.MATHEW JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. Koshy & K.P.Balachandran, JJ. -------------------------------------- M.A.C.A. No. 6 of 2007 --------------------------------------- Dated this the 23rd day of October, 2008 Judgment Koshy,J. Appellants/Claimants wife and two minor daughters of the deceased who died in a motor accident on 6.4.2002 approached the Motor Accidents Claims Tribunal, Thalassery claiming an amount of Rs.23 lakhs. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company, but, only Rs.4,33,200/-was awarded by the Tribunal. The deceased was working as a teacher in an aided school. His monthly income was Rs.7,550/-. Claimants produced Ext.A4 certificate issued by the Headmistress of the school certifying the salary of the L.P.S.A. Since name of the teacher was not mentioned, that certificate was not accepted and the Tribunal fixed only a monthly income of Rs.3,000/-. The above school was later transferred to another management. Annexure III certificate is issued showing the salary of the deceased just before the accident. Basic pay was Rs.5,000/-, D.A. Rs.2,450/- and H.R.A. was Rs.100/-. Salary of an aided school teacher and a Government school teacher M.A.C.A.No.6/2007 2 are the same in Kerala State. It is the contention of the appellants that had he continued in service for 12 more years, he would have got three times than the salary that was receiving at the time of accident in view of the subsequent pay revision, annual increments and grade promotions which are guaranteed. It is also submitted that retirement benefits also will be calculated on the basis of the last drawn salary. Wife and children of the deceased lost all the above benefits and according to the claimants future prospects also should be considered for calculating compensation. We are of the view that the Tribunal ought to have fixed at least Rs.7,500/- as the monthly income as his salary was above Rs.7,500/- at the time of accident. After deducting one-third for personal expenses, monthly loss of dependency to the family is Rs.5,000/-. The deceased was aged 43 at the time of accident. The Tribunal has fixed 15 as the multiplier. It is now settled law that except in exceptional cases, multiplier fixed under second schedule can be taken for guidance. 15 is the multiplier fixed for a motor accident victim aged between 40 and 45 years. It is contended that being a teacher, he can work in unaided schools after retirement and can also take tuitions and life expectancy also has increased. Therefore, a higher multiplier should be taken. We are of the opinion that M.A.C.A.No.6/2007 3 taking guidance from the second schedule 15 multiplier fixed by the Tribunal needs no enhancement. Therefore, compensation payable for loss of dependency will be Rs.5,000 x 12 x 15 = Rs.9,00,000/-. The Tribunal has fixed only Rs.3,60, 000/-. Therefore, additional compensation payable will be Rs.5,40,000/-. Out of the additional amount, one-third is allowed to be withdrawn by his wife (first appellant). Balance amount should be deposited in a nationalised bank enabling appellant Nos.2 and 3 to withdraw the same at the age of 21 or at the time of marriage whichever is earlier. Appeal is allowed partly. J.B.Koshy Judge K.P. Balachandran Judge vaa M.A.C.A.No.6/2007 4 J.B. KOSHY AND K.P.BALACHANDRAN,JJ. ------------------------------------- M.A.C.A.No.6/2007 ------------------------------------- Judgment Date:23rd October,2008