IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 MACA.No.1169 of 2006 ----------------------- OP(MV).757/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANTS/PETITIONERS -------------------------------- 1. SADASIVAN, S/O.GOPALAN,S.S.BHAVAN, KUNNUMPURAM,CHERUNNIYOOR,VARKALA. 2. SARASWATHY, D/O.KOCHAPPI,S.S.BHAVAN, KUNNUMPURAM, CHERUNNIYOOR,VARKALA. 3. SUNITHA DADASIVAN,D/O.SARASWATHY, S.S.BHAVAN,KUNNUMPURAM,CHERUNNIYOOR,VARKALA. 4. SUJATHA SADASIVAN, D/O.SARASWATHY,S.S.BHAVAN,KUNNUMPURAM, CHERUNNIYOOR,VARKALA. BY ADV. SRI.M.DINESH SRI.BASANT BALAJI RESPONDENTS: RESPONDENTS ------------------------------------- 1. CHANDRIKA B., CHARUVILA VEEDU,KURAKKANNI, VARKALA P.O., TRIVANDRUM DISTRICT. 2. BRANCH MANAGER, THE NEW INDIA ASSURANCE CO.LTD., MAIN ROAD, ATTINGAL, THIRUVANANTHAPURAM. 3. SHINE T.A., S/O.THYAGARAJAN,SREE BHAVAN,MELVETTOOR, VARKALA. MACA.No.1169 of 2006 -2- 4. BRANCH MANAGER, THE NEW INDIA ASSURANCE CO.LTD., NEAR MUNICIPAL BUS STAND,ATTINGAL. BY ADV. SMT.P.K.SANTHAMMA FOR R2 SRI.JACOB MURICKEN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.1169 of 2006 --------------------------------- JUDGMENT Balachandran, J. A young man aged 24, while travelling in a Maruti Car from Thiruvananthapuram to Attingal, met with an accident when an Ambassador Car bearing Reg.No.KL-01/H 5959, coming from the opposite direction, driven by the second respondent, owned by the first respondent and insured by the third respondent, collided against his car at Pallipuram Junction. In the accident he sustained fatal injuries and succumbed to the injuries at the Medical College Hospital, Thiruvananthapuram. His parents and sisters, who are the appellants herein, filed O.P.(MV)No.757/00 claiming a total compensation of rupees Eight lakhs by way of damages. The Motor Accidents Claims Tribunal, Attingal awarded a total compensation of Rs.3,67,900/- as damages inclusive of an amount of MACA 1169/06 2 Rs.3,26,400/- by way of damages for loss of dependency. This appeal is filed claiming enhancement in the compensation. 2. The deceased was aged only 24 as evidenced from the postmortem certificate. Exhibits A6 passport, A7 photocopy of Air ticket, A8 containing details of bonus received by the deceased and A10 salary certificate of the deceased establish convincingly that he was employed in gulf at the time of the accident. He was drawing 9816 Dirhms per annum, which would be equivalent to Rupees Eight thousand per month. The Tribunal has taken only Rs.2,500/- as the notional income and deducting one third towards personal expenses and adopting the appropriate multiplier 17 with reference to his age worked out the dependency compensation at Rs.3,26,400/-. 3. It is contended before us by the learned counsel for the appellants that the income evidenced by the salary certificate should have been accepted without adopting a paltry amount of MACA 1169/06 3 Rs.2,500/- as the notional income, which has resulted in award of only a meagre amount as dependency compensation. When the employment of the deceased abroad and his income are evidenced by Exhibits A6, A7, A8 and A10 records, it was inappropriate for the Tribunal to have estimated the income notionally only at Rs.2,500/-per month. We are of the view that Rs.5,000/- at least should have been taken as the monthly income of the deceased. But, all the same, the parents of the deceased were aged respectively 56 and 43 at the time of his death. Multiplier 17 should not, therefore, have been adopted taking into account the age of the deceased. Taking into account the age of the parents, the multiplier that should have been adopted could only be 11. Consequently, the dependency compensation that should have been awarded will be Rs.4,40,000/- (5000 x 12 x 2/3 x 11) as against Rs.3,26,400/- awarded by the Tribunal by way of dependency compensation. Hence, on that count, the appellants will be entitled to MACA 1169/06 4 an additional amount of Rs.1,13,600/-. Though it is contended by the counsel for the appellants that award on other counts also are meagre and deserve enhancement, we are of the view that the Tribunal has awarded appropriate compensation on other counts and however, in view of the total compensation awarded, we see no reason why minor enhancement on other counts is to be granted. In the result, we allow this appeal in part awarding an additional compensation of Rs.1,13,600/- to the appellants with 7.5% interest per annum from the date of application till its deposit. The above amount shall be deposited by the third respondent Insurance Company within one month from today. On such deposit the appellants are allowed to withdraw the same in equal shares. (J.B.Koshy, Judge) 17th September, 2008 (K.P.Balachandran, Judge) tkv