IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 MFA.No. 1347 of 2002(B) ----------------------- OPMV.1255/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANTS: PETITIONERS: -------------------------------------------- 1. KALLIYANI, AGED 50 YEARS, W/O. LATE VEERAPPAN, ELAYABHAGAVATTIKKAVU, ARANGAM THATTAMANGALAM P.O., CHITTOOR TALUK, PALAKKAD DISTRICT. 2. SUMITHRA, AGED 26 YEARS, D/O. LATE VEERAPPAN, DO. DO. 3. SUNITHA, AGED 19 YEARS, DO. DO. 4. SUMA, AGED 13 YEARS, (MINOR) REPRESENTED BY HER MOTHER IST PETITIONER, KALLIYANI. BY ADV. SRI.C.RAGHAVAN RESPONDENTS: ------------------------- 1. A. JAMAL, S/O. ABDUL MUTHALIF RAWTHER, NEAR HIGH SCHOOL, KUTHANNOOR P.O., PALAKKAD (OWNER OF THE LORRY NO.KLP 8197) 2. ABDUL AZIZ, S/O. KUNJI AHAMMED, NAVAKKODE VILLAGE, PIRAYIRI P.O., PALAKKAD. (OWNER OF THE LORRY NO.8197 D.L.NO.907/83) 3. NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE, SREE VALLI BUILDING, ANIMODE, CHITTOOR TALUK (INSURER OF THE LORRY). R3 BY ADV. SRI.VPK.PANICKER THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.1347 OF 2002 ------------------------------------- Dated 13th February, 2008 JUDGMENT Koshy,J . The mother and younger sisters of a motor accident victim filed an application for compensation claiming an amount of Rs.3,00,000/= as compensation. Tribunal awarded only Rs.1,58,450/= after holding that the accident occurred due to the negligence of the vehicle insured by the third respondent insurance company. The only dispute is regarding the quantum of compensation awarded. Tribunal fixed Rs.1,800/= as the monthly income. It is the contention of the claimants that he was bringing Rs.100/= per day after his personal expenses and, therefore, loss of family contribution itself is Rs.3,000/= per month. It has come out in evidence that he was a lorry driver with a heavy vehicle licence. If that be so, in 1996 he might have got at least Rs.100/= per day and 24 to 25 days work in a month. Therefore, Rs.2,400/= can be fixed as the monthly income instead of Rs.1,800/= fixed by the Tribunal and Rs.3,000/= claimed by the claimants. After deducting one third for personal expenses, Rs.1,600/= can be taken as the loss of family contribution. The deceased was aged 28 at the time of accident. However, since he was an unmarried person, his age cannot be MFA.1347/2002 2 taken for fixing the multiplier for the purpose of calculating compensation under section 166 of the Motor Vehicles Act. It is the contention of the claimants that he was the only earning member of the family. His mother was aged 45. His father was already died. Sisters were aged between 8 to 21 years and all of them were depending upon his income for living. Therefore, even if he was a bachelor, his age should be taken for the purpose of fixing multiplier. It is settled law that in case of death of an unmarried person, age of the claimants has to be taken into account. We also note that he was aged 28, mother was aged 45 sisters were aged between 8 to 21. Taking average of the ages, we are of the opinion that 14 can be taken as the multiplier. If that be so, compensation payable for loss of family contribution will be Rs.2,68,800/= (1600 x 12 x 14). Tribunal has awarded Rs.1,44,000/=. Therefore, claimants are entitled to an additional amount of Rs.1,24,800/= on this count. We are of the opinion that compensation awarded under other heads needs no interference. The above additional amount of Rs.1,24,800/= should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit. On deposit of the amount, first appellant mother is allowed to withdraw 50%. Balance MFA.1347/2002 3 amount is allowed to be withdrawn by appellants 2 to 4 sisters in equal proportion. The appeal is partly allowed. J.B.KOSHY JUDGE K.HEMA JUDGE tks