IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 MACA.No. 914 of 2005() ---------------------------------- OPMV.2468/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): CLAIMANTS 1TO 4 IN OP (MV) 2468/96 -------------------------------- 1. NAZEERA, AGED 40 YEARS, W/O. LATE KABEER. 2. SABIRA, AGED 22 YEARS, D/O. LATE KABEER. 3. SANOOB, AGED 15 YEARS, S/O. LATE KABEER. 4. SAFNA , AGED 12 YEARS, D/O. LATE KABEER. (APELLANTS 3 AND 4 ARE REP.BY THEIR NEXT FRIEND AND MOTHER NAZEERA, THE IST APPELLANT). ALL ARE RESIDING AT SABIRA MANZIL, THARAPARAMBIL, CHANDIROOR P.O. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): RESPONDENTS ------------------------- 1. F.M.SALIM, MINA HOUSE, CHANDIROOR P.O., ALAPPUZHA DISTRICT. 2. E.A. GEORGE, EREKATTU HOUSE, BEHIND OF PANCHAYATH OFFICE, AROOR P.O., ALAPPUZHA DISTRICT, (DIED). 3. NATIONAL INSURANCE COMPANY LTD., BY ITS REGIONAL MANAGER, REGIONAL OFFICE, MUTHOOT TOWERS, M.G.ROAD, COCHIN 35. ADV. SRI.MATHEWS JACOB,SC(B/O) FOR R3 SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & V.K.MOHANAN, JJ. ================================ M.A.C.A.No.914 of 2005 - D =============================== Dated this the 24th day of November, 2008. J U D G M E N T KOSHY, J. A young man of 36 years old sustained fatal injury in a motor accident occurred on 25.11.1995. Against a claim of Rs.7,00,000/- filed by his wife and children and an amount of Rs.2,64,000/- was awarded by the Tribunal. 3rd respondent was directed to deposit the same. Liability of the 3rd respondent-insurance company was not disputed. The deceased was travelling in a lorry accompanying goods. He was also having heavy vehicle driving licence. Ext.A3 is the driving licence. The Tribunal fixed the monthly income as Rs.1,800/-. Considering the fact that he is having a heavy vehicle driving licence, we are of the opinion that Rs.3,000/- claimed by the claimants as monthly income is not at all excessive. Ext.A2 salary certificate shows that during the time of accident his monthly income was Rs.3,000/- and Rs.100/- as daily bata. He was maintaining a family and considering the age of three minor children age between 4 to 7 at the time of the accident and since he was a heavy vehicle driver, we are of the opinion that at least Rs.3,000/- ought to have fixed as monthly income. Rs.2,000/- can be fixed as M.A.C.A.No.914 of 2005 - D 2 monthly loss of dependency. If that be so, Rs.24,000/- will be the yearly loss of dependency. As per the driving licence his age was 36. Taking 2nd schedule for guidance, 16 is the apt multiplier. If that be so, compensation payable for loss of dependency will be Rs.3,84,000/-. Tribunal has granted only Rs.2,30,400/-. Therefore, additional compensation payable for loss of dependency is Rs.1,53,600/-. It is submitted that considering the young age of the wife and young age of the children, compensation awarded for loss of consortium and for love and affection are very low. However, considering the total amount awarded, we are not enhancing the compensation of other heads. Therefore, additional compensation of Rs.1,53,600/- over and above the amount decreed by the Tribunal, should be deposited by the 3rd respondent- insurance company with interest at the rate of 7.5% from the date of application till deposit. On deposit of the amount 1/3 of the same is allowed to be withdrawn by the 1st appellant and the balance should be disbursed to the appellants 2 to 4 in equal proportion. J.B.KOSHY, JUDGE V.K.MOHANAN, JUDGE bkn/-