IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 MACA.No. 1363 of 2005() ----------------------- OPMV.956/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/2ND RESPONDENT. ----------------- THE NEW INDIA ASSURANCE COMPANY LIMITED, PALAKKAD NOW REPRESENTED BY ITS ASSISTANT ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KOCHI 11. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.JACOB MATHEW. P. RESPONDENT(S): PETITIONER. ------------------- 1. P.PRASAD NAIR, S/O.LATE BHAVANI, PRASIDH, MEETNA, OTTAPPALAM. 2. SINDHU DEEJAN, D/O.LATE BAHVANI, DO. DO. 3. PRAMOD, S/O.LATE BHAVANI, DO. DO. ADV. SRI.JACOB SEBASTIAN FOR R1 TO 3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No.1363 of 2005 ------------------------------------ Dated this the 28th day of July, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. The 2nd respondent/Insurance company before the Tribunal is the appellant, challenging the quantum of amount awarded by the Tribunal. The respondents herein have filed claim petition seeking compensation on account of the death of their mother. The deceased was travelling on the pillion of a motor cycle driven by the 1st respondent, who is her husband and father of claimants 1 to 3. She was thrown out of the bike due to alleged negligence of the husband and sustained fatal injuries. In the claim petition it is alleged that the deceased was at the age of 49 years and she was working as a Tuition Teacher and housewife. But the postmortem certificate revealed that she was at the age of 55 years. No documents were produced to prove the age or income of the deceased. However, the Tribunal adopted notional income at the rate of Rs.2000/- per month for the purpose of computing compensation for loss of dependency. The Tribunal found that the deceased was in the age group between 50 to 55 years. The Tribunal after deducting 1/3rd for personal expenses, MACA. 1363/05-G 2 adopted monthly income at the rate of Rs.16,000/- per annum and the multiplier of 13 for the purpose of calculating loss of dependency. 2. Learned counsel appearing for the appellant/Insurance company vehemently contended that since the husband of the deceased is not a claimant and the matured children alone are arrayed as claimants, the dependency could not have been adopted as 2/3rd of the monthly income. It is further contended that the monthly income of Rs.2000/- fixed by the Tribunal is on the higher side. Yet another contention raised is that the multiplier 13 adopted is not correct. 3. On an anxious consideration of the impugned award we notice that the Tribunal had taken specific note of the aspect that the claimant does not include the husband of the deceased, while it fixed the monthly notional income and when it deducted 1/3rd for personal expenses. The calculations in this regard was made after taking into consideration of the peculiar nature of the claim. Therefore we are not persuaded by the argument against fixation of the monthly income by the Tribunal, as well as the deduction of 1/3rd made towards personal expenses. But it is to be noticed that after finding that the deceased was within the age group of 50-55 years the Tribunal had adopted multiplier as MACA. 1363/05-G 3 13. Going by the IInd schedule of the Motor Vehicles Act the correct multiplier ought to have been adopted is only 11. Therefore we are inclined to reduce the quantum of compensation fixed under the head of loss of dependency by adopting multiplier as 11. Therefore the amount of Rs.2,08,000/- awarded towards loss of dependency need be re-fixed as Rs.1,76,000/- (16000x11). This will reduce the total compensation of Rs.3,36,000/- to Rs.3,04,000/-. In the result, the appeal is partly allowed reducing the total compensation of Rs.3,36,000/- awarded by the Tribunal to a sum of Rs.3,04,000/- (336000-32000). The said amount will carry interest @ 7.5% per annum from the date of the claim petition till payment. the appellant/Insurance company will make deposit of the balance amount within a period of 3 (three) months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb