IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 MFA.No. 1178 of 2002() -------------------------------- OPMV.1277/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT: APPLICANTS 1 TO 4: ------------------- 1. CHANDRALEKHA, W/O. LATE MURUKAN, MULLOOR VEEDU, ANAYARA P.O., KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM-29. 2. RENJITH, S/O. LATE MURUKAN, MULLOOR VEEDU, ANAYARA P..O., KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM-29. 3. AJITH, S/O. LATE MURUKAN, MULLOOR VEEDU, ANAYARA P.O., KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM - 29. 4. SAJITH, S/O. LATE MURUKAN, MULLOOR VEEDU, ANAYARA P.O., KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM-29. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: RESPONDENTS & APPLILCANTS 5 & 6: ------------------------ 1. C.P. SYAM, SUNDER HOUSE, HOUSE NO.20, SREEVELI NAGAR, KAITHAMUKKU, THIRUVANANTHAPURAM. 2. V. BHAGEERATHAN, S/O. VELAYUDHAN, T.C.8/499, KOCHUTHOPPIL, PETTAH, THIRUVANANTHAPURAM. 3. THE UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFOCE, PALAYAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS DIVISIONAL MANAGER, THIRUVANANTHAPRUAM. M.F.A. NO.1178/2002 4. NATARAJAN CHETTIYAR, S/O. MUTHUSWAMY CHEVIYAR, MULLOOR VEEDU, ANAYARA P.O., KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM-29. 5. RAJAMMA, W/O. NATARAJAN CHETTIYAR, MULLOOR VEEDU, ANAYARA P.O., KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM-29. BY ADV. SRI.RAM MOHAN.G. } SRI.G.P.SHINOD } R1 SRI.MANU V. } SRI.BRIJESH MOHAN - R4,R5 SRI.P.JAYASANKAR - R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.1178 OF 2002 (D) ----------------------------------- Dated this the 29th day of February, 2008 J U D G M E N T KOSHY,J. Husband of the 1st appellant died in a motor accident on 7.3.1998. She along with three minor children and parents of the deceased applied for compensation claiming for an amount of Rs.5 lakhs. Tribunal awarded only Rs.2,37,000/- even though tribunal found that accident occurred due to the negligence of the vehicle insured by the 3rd respondent. Only quantum of compensation is disputed in this appeal. 2. Deceased was 35 years old. His wife was only 32 and children were aged 12, 10 and 8 years. Since deceased was 35 years, apt multiplier is 16 taking guidelines from the 2nd schedule. Hence, we are not changing the multiplier fixed by the tribunal. According to the claimants, he was a coolie getting Rs.3,000/- per month. But tribunal has fixed only MFA.1178/2002 2 Rs.1,500/- as the monthly income. In 1994, when the 2nd schedule was framed, monthly income of a non-earning person was fixed as Rs.1,250/- (Rs.15,000/- per annum). Appellant was maintaining a large family, that is, wife, three children and parents. In 1998, even a coolie in Kerala will get more than Rs.100/- per day and he may get 25 to 26 days work. Therefore, we are of the opinion that atleast Rs.2,500/- ought have been taken as the monthly income and Rs.1,650/- ought have been taken as the family loss of dependency. If that be so, compensation payable will be Rs.1,650 x 12 x 16 = Rs.3,16,800/-. Tribunal has awarded only Rs.1,92,000/-. Therefore, additional amount payable will be Rs.1,24,800/-. Even though it was argued that compensation awarded for consortium, loss of love and affection to the children are very low, considering the total amount awarded, we are not enhancing the same. Thus, the additional amount of Rs.1,24,800/- should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit over and above the decreed amount by the tribunal. On deposit of the above amount, 1st appellant MFA.1178/2002 3 is allowed to withdraw 50% of the amount. Balance amount is allowed to be withdrawn by the three children of the appellant, appellants 2 to 4 in equal instalments. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.1178 OF 2002 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 29th February, 2008