IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 MACA.No. 1215 of 2005() ----------------------- OPMV.795/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANTS/PETITIONERS ---------------------- 1. V.N.RAMACHANDRAN,VANDANANICKAL HOUSE, THAMPALACKAD.P.O. 2. SATHI RAMACHANDRAN,VANDANANICKAL HOUSE, THAMPALACKAD P.O. 3. ANIL KUMAR.V.R.,VANDANANICKAL HOUSE, THAMPALACKAD P.O. BY ADV. SRI.P.C.JOSEPH PAZHEPARAMBIL RESPONDENTS: RESPONDENTS ----------------------------- 1. T.G.REGHU,THAKADIYEL HOUSE, CHENNACKAL VILLAGE, PATHANAMTHITTA. 2. AJAYAN.T.T.,THARAPPEL HOUSE, KATTAMPACK P.O. 3. AANOJ ABRAHAM,KAIPANANICKAL HOUSE, MADUKKAKUNNU.P.O.,ELIKULAM. 4. THE ORIENTAL INSURANCE CO.LTD., KOTTAYAM. ADV. SRI.VPK.PANICKER FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. ------------------------------------------------------------ M.A.C.A. NO: 1215 OF 2005 ----------------------------------------------------------- Dated this the 19th August, 2008. JUDGMENT Koshy, J. A 24 year old youngster sustained injuries in the motor accident. Against a claim of compensation of Rs.8 lakhs, Tribunal awarded only Rs.2,31,500/- and directed fourth respondent-insurance company who insured the offending vehicle to deposit the amount. The only dispute is regarding quantum of compensation. According to the appellant Ext.A1 certificate produced shows that he was getting Rs.5,000/- as monthly salary working as mechanic in the workshop owned by P.W.1. During the oral testimony also he stated that claimant was given Rs.5,000/- per month as salary. But Tribunal even though accepted Rs.2,500/- as monthly income fixed Rs.1,200/- as monthly contribution to the family. It is contended that the deceased was the sole bread winner of the family and future prospects also was not taken into account. We are of the opinion that only 1/3rd can be adopted for personal expenses as held by the Apex Court in Bilkish v. United India Insurance Co. Ltd.& anr. (AIR 2008 SCW 5040) and if that is so, yearly income will be Rs.30,000/- and yearly loss of dependency and family contribition will be Rs.20,000/-. 2. It is contended that Tribunal has taken 15 as the multiplier. The Honourable Supreme Court in various cases held that maximum M.A.C.A. NO: 1215/05 2 multiplier should be taken if the victim is aged between 21 and 25. It was also argued that as per the second schedule multiplier is 17. But here the deceased was unmarried and if an unmarried person dies compensation is to be calculated under Section 166 of the Motor Vehicles Act, considering the age of the parents. Here the father was aged 46 and mother 42. Tribunal has taken the average age of the claimant and 15 was taken as the multiplier. We see no ground to enhance the same. If that be so, compensation payable for loss of dependency will be Rs.20,000 x 15 = Rs.3,00,000/-. Tribunal has awarded Rs.2,16,000/-. Therefore the claimant will be entitled to Rs.84,000/- more than that is awarded by the Tribunal. 3. We are of the opinion that compensation granted under other heads are just and reasonable. The additional amount of Rs.84,000/- will be deposited by the fourth respondent-insurance company with 7.5% interest on the enhanced amount from the date of application till its deposit over and above the amount decreed by the Tribunal. On deposit of the amount appellants 1 and 2 are allowed to withdraw the amount in equal proportion. Appeal is disposed of with the above direction. J.B.KOSHY Judge THOMAS P. JOSEPH Judge jj M.A.C.A. NO: 1215/05 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: