IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 MACA.No. 162 of 2005 ------------------------------------ MVOP.1487/1997 of MOTOR ACCIDENTS CLAIMS TRIBUNAL THRISSUR .................... APPELLANTS/PETITIONERS: 1. SMT.RADHA, W/O. LATE KESAVAN, CHALIPARAMBIL HOUSE, KOCHANNUR P.O. 2. MINOR CHITRA, D/O. LATE KESAVAN, DO. DO. 3. MINOR REKHA, D/O. LATE KESAVAN, DO. DO. MINORS 2 AND 3 REP. BY MOTHER RADHA. BY ADV. SRI.DILIP J. AKKARA RESPONDENTS/RESPONDENTS: 1. SAINUDHEEN, S/O. BAPPUTTY, PALLIKKARA HOUSE, PUNNAYURKULAM VILLAGE, CHEMMANNOOR DESOM, THRISSUR DIST. 2. KABEER, S/O. KUNJUBAPPAN, KUNNATHUVALAPPIL HOUSE, CHRIANALLOORE VILLAGE, PATTIKKARA DESOM, THRISSUR. 3. THE UNITED INDIA INSURANCE CO. LTD., BRANCH WADAKKANCHERY ROAD, KUNNAMKULAM, THRISSUR DIST. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.162 of 2005 --------------------------------- JUDGMENT Balachandran, J. Kesavan, the husband of the first appellant and father of appellants 2 and 3 met with a motor vehicle accident, while he was travelling in the bus driven by the first respondent, owned by the second respondent and insured by the third respondent and thereby he sustained fatal injuries on 8.8.1997 and he succumbed to those injuries. Appellants filed claim petition before the Tribunal claiming a total compensation of Rupees Four lakhs, as against which, the Tribunal awarded an amount of Rs.1,96,000/-. Appellants have filed this appeal claiming enhancement in compensation. 2. According to the appellants, the deceased was aged 45 years at the time of his death and he was a goldsmith earning a monthly income of Rs.5,000/-. Though the fact that he was a goldsmith is evidenced by Exhibit A4 and not successfully assailed either there was no proof of his monthly income and therefore, the Tribunal estimated his income at Rs.1,500/- per month. MACA 162/05 2 3. It is contended by the learned counsel for the appellants that even for a non earning person, the notional income as per the second schedule is Rs.1,250/- per month in 1994 and that in 1997, for the deceased, who was a healthy man and a goldsmith, the notional income fixed at Rs.1,500/- is very meagre. The argument so advanced by the learned counsel deserves acceptance, as the Tribunal has fixed the notional income at Rs.1,500/- only for the death caused in 1997 for a person who was a goldsmith and who was maintaining a family consisting of his wife and two children. We fix his notional income at Rs.2,500/- per month. The multiplier 13 adopted by the Tribunal is the apt multiplier and we are not interfering with the same. The dependency compensation payable to the appellants, therefore, will be Rs.2,60,000/- (2500 x 12 x 2/3 x 13). Deducting the amount of Rs.1,56,000/- awarded by the Tribunal towards dependency compensation, the balance amount due to the appellants would be Rs.1,04,000/-. The interest the appellants would be entitled for the above amount will only be at the rate of 6% per annum considering the fact that MACA 162/05 3 there was a delay of more than 1200 days in filing the appeal, though that was condoned on sufficient grounds. The above additional amount of Rs.1,04,000/- shall be deposited by the third respondent Insurance Company within two months from today with interest at 6% per annum from the date of application till date of deposit. On deposit of the amount, the first appellant widow is allowed to withdraw Rs.50,000/- and the balance amount shall be deposited equally in the names of minor appellants 2 and 3 enabling them to withdraw the said amount on attaining the age of majority or at the time of their marriage, whichever event happens earlier. The appeal is, thus, allowed in part. (J.B.Koshy, Judge) 3rd November, 2008 (K.P.Balachandran, Judge) tkv