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 10TH JUNE 2008 / 20TH JYAISHTA 1930 MFA.No. 688 of 2001(B) -------------------------------- OPMV.276/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/PETITIONER IN O.P.(MV). ----------------------------------------------------- D.D.VAREED @ KUNJUVAREED, S/O.DEVASSY, SRAMBICAL VEEDU, ELAVOOR.P.O. BY ADV. SRI.JOSE THETTAYIL SRI.K.P.SREELATHA RESPONDENTS/RESPONDENTS IN O.P.(MV). --------------------------------------------------------------- 1. SAJU M.V., S/O.PAPPU VARKEY, MANACKAPARAMBY, ANAPPARA. 2. THE NEW INDIA ASSURANCE CO. LTD., KODUVATH SHOPPING COMPLEX, SUB-JAIL ROAD, ALUVA-683 101. 3. ADDL. R3. MOHAMMED ASHRAF, KOLATHUPARAMBIL, PURAYAR, DESOM KARA, CHANGAMANAD VILLAGE. BY ADV. SRI.JOHN KOSHY - R2 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.F.A.No.688 OF 2001 ------------------------------------- Dated 10th June, 2008 JUDGMENT Koshy,J . Son of the appellant died in a motor accident on 29.11.1994. He claimed a compensation amounting to Rs.3,82,500/=. Tribunal, though found that the accident occurred due to the negligence of the driver of the vehicle insured by the second respondent insurance company, awarded only Rs.98,700/= as compensation. Only dispute is regarding the quantum of compensation. Deceased was aged 28 at the time of accident. He was employed in a shop. According to the claimant, monthly income of the deceased was Rs.1,650/=. Ext.A8 is the salary certificate issued by the Managing Partner of Three Star Agencies, General Merchants & Commission Agents, Market Road, Angamaly, but, the Tribunal did not accept the same and Rs.1,200/= was taken as the monthly income. He was aged 28 years and was employed. We are of the opinion that at least Rs.1,500/= ought to have been taken as the monthly income. After deducting one third, loss of family contribution is Rs.1,000/= per month. It is the contention of the claimant that the deceased was the only son who was expected to look after him in his old age. Even MFA.688/2001 2 though multiplier for a 28 year old motor accident victim is fixed as 18 under the second schedule, since the deceased was unmarried, we have to look into the age of the claimant. Father was aged 53. Taking guidelines from the second schedule, the apt multiplier is 11. So, for loss of dependency, compensation payable will be Rs.1,32,000/=. Tribunal has awarded only Rs.86,400/=. Therefore, additional amount payable for loss of dependency and family contribution will be Rs.45,600/=. The deceased died after four days' treatment in the hospital and he fought for his life. Ext.A9 series are the medical bills. No amount was awarded for medical treatment. Life saving medicines were administered to him. We award Rs.4,000/= for medical expenses incurred. Only Rs.200/= was awarded for transportation expenses. He was taken to the hospital by special vehicle. His body was transported in ambulance. We award Rs.400/= more for transportation expenses. Since he fought for life for four days, we are of the opinion that Rs.7,000/= ought to have been awarded for pain and suffering,. Only Rs.5,000/= was awarded under this head. So, he is entitled to Rs.2,000/= more on that count. Thus, additional compensation payable will be Rs.52,000/=. The above amount of Rs.52,000/= should be deposited by the second respondent insurance company with 7.5% interest from the date of application till its deposit, over and above the amount decreed by the MFA.688/2001 3 Tribunal. On deposit of the amount, appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks