IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 MACA.No. 45 of 2006 - ------------------------ OPMV.2696/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANTS-PETITIONERS: ------------------------------- 1. MINI SAJI, W/O. LATE SAJIGARVASIS, KONGAMPUZHAKALAYIL, MOZHIKULANGARA, NOW RESIDING AT KODUTHADIYIL, THELLAKOM P.O., ATHIRAMPUZHA VILLAGE, KOTTAYAM TALUK. 2. SINIMOL (MINOR), REPRESENTED BY GUARDIAN MOTHER, APPELLANT NO.1. 3. K.C. SCARIA, S/O. CHACKO, KONGAMPUZHAKALAYIL, MOOZHIKULANGARA P.O., ONAMTHURUTHU VILLAGE, KOTTAYAM. 4. ALICE SCARIA, W/O. K.C. SCARIA, -DO- -DO-. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS: RESPONDENTS: ----------------------------------- 1. THANKACHAN, S/O. PATHROSE, VIRIYAPPALLY HOUSE, ONAKKUR VILLAGE, ERNAKULAM DISTRICT. 2. SABU K.K., S/O. PYLI KURIAKOSE, KALARICKAL HOUSE, PIRAVOM P.O., ERNAKULAM. 3. THE NATIONAL INSURANCE CO. LTD., THRIPUNITHURA. BY ADV. SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K.P. BALACHANDRAN, JJ. --------------------------------------------------------------- M.A.C.A. No 45 of 2006 --------------------------------------------------------------- Dated this the 14th August 2008 JUDGMENT Koshy,J. Husband of the first appellant died at the very young age of 29 in a motor accident caused due to the negligence of the driver of the vehicle insured with the third respondent Insurance Company. However, against the claim for compensation of Rs 12 lakhs the total compensation awarded by the Tribunal is Rs 4,52,500/-. 2. The only dispute raised in this appeal is with regard to the quantum of compensation. It is submitted that the deceased was 29 at the time of accident. Tribunal has taken 17 as the multiplier, though 18 is the multiplier as per the second schedule. Second schedule need be taken only for guidance. We see no ground to interfere with the multiplier adopted by the Tribunal. It was in dispute that he was getting a monthly income of Rs 8,000/-. He was employed as driver of a tourist bus. Employer had issued a certificate stating that he was getting Rs 4,500/- per month. It is MACA 45/06 2 submitted that on leave days he used to drive other vehicles and in that way he was getting an income of Rs 1,800/- per month. Tribunal examining the various factors has fixed the income at Rs 3,000/- per month. Apart from the salary certificate he has produced license for driving heavy passenger vehicle. We are of the opinion that even if competent certificate is not proved, in 2001, the year of death driver of a tourist bus may certainly get an amount of Rs 150/- per day and if 25 days work is taken he will be getting an amount of Rs 3750/- and after deducting one-third for personal expenses a sum of Rs 2,500/- can be fixed as the monthly loss of dependency to the family (2500 x 12 x 17). If that be so, the compensation payable for loss of dependency would be Rs 5,10,000/-. Tribunal has awarded Rs 4,08,000/-. So the additional compensation payable will be Rs 1,02,000/- which should be deposited by the third respondent with interest at 7.5% from the date of application till deposit over and above the compensation awarded by the Tribunal. On deposit of the amount, a consolidated amount of Rs 10,000/- each shall be given to appellants 3 and 4 and out of the balance, 50% shall be disbursed to first appellant and the balance 50% should be deposited in the name of the second appellant in a nationalised Bank enabling MACA 45/06 3 her to withdraw the amount at the age of 21 or at the time of marriage, whichever is earlier. Sd/- J.B. KOSHY Judge Sd/- K.P. BALACHANDRAN Judge 14/08/2008 en [true copy]