IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 MACA.No. 1161 of 2005() ----------------------------------- OPMV.749/1996 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/PETITIONERS ------------------------------------------ 1. KAMALAKSHY, W/O.LATE NALUMAKKAL KUMARAN, PULLUT (PO),THRISSUR, (MOTHER OF THE DECEASED). 2. VALSAN, S/O.LATE NALUMAKKAL KUMARAN, PULLUT (PO), THRISSUR, (BROTHER OF THE DECEASED). 3. OMANA, D/O.LATE NALUMAKKAL KUMARAN, PULLUT (PO), THRISSUR, (SISTER OF THE DECEASED). 4. PARIMALA, D/O.LATE NALUMAKKAL KUMARAN, PULLUT (PO), THRISSUR, (SISTER OF THE DECEASED). 5. PREMAN ALIAS PEEMANANDAN, S/O.LATE NALUMAKKAL KUMARAN, PULLUT (P.O), THRISSUR, (BROTHER OF THE DECEASED). BY ADV. SRI.V.BINOY RAM RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. V.SIVARAMAN NAIR, PATHIYARIL (HOUSE), SANTHIPURAM, KODUNGALLUR (OWNER OF KL8/C-5191). 2. NAIR MOHAN SIVARAM, S/O.NAIR SIVARAM, PATHIYARIL(HOUSE) PANAGAD (PO), KONUNGALLUR (DRIVER OF KL8/C 5191). 3. THE MANAGER, NEW INDIA ASSURANCE CO.LTD., MAIN ROAD, IRINJALAKUDA. ADV. SRI.C.C.THOMAS (SR.) FOR R1 & R2 SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.No.1161 OF 2005 ------------------------------------- Dated 4th November, 2008 JUDGMENT Koshy,J . A youngster aged 27 died in a motor accident on 7.7.1996. His mother, sisters and brothers filed an application for compensation claiming an amount of Rs.7,00,000/=. Even though the Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company, the total amount awarded was only Rs.1,02,000/=. Only Rs.84,000/= was awarded as dependency compensation. Only quantum of compensation is disputed in this appeal. 2. According to the claimants, the deceased was employed in Muscat getting more than Rs.20,000/= as monthly income. Ext.A10 is the driving licence of the deceased issued from Muscat. Ext.A11 is the passport. Exts.A13 and A14 are the certificates of merit relating to the deceased. Indian licence is produced as Ext.A15. That shows that he has got driving licence to drive vehicles not only in India but also in Muscat. Ext.A7 is the salary certificate issued to the deceased by the Manager of a Gulf company which shows that his salary was 210 Riyals and he was MACA.1161/2005 2 working in that company from 23rd June, 1996. Tribunal fixed only Rs.1,400/= as the monthly dependency income on the ground that no evidence was adduced to show that he had any savings in India. It is true that no documentary evidence was adduced regarding the assets of the deceased at the time of the accident. But, at the same time, he was a youngster aged 27 and he was maintaining his family. There is nothing to disbelieve Ext.A7 salary certificate. His driving licence issued at Muscat supports the same. In United India Insurance Co. Ltd. v. Patricia Jean Mahajan and others (JT 2002 (5) SC 74) it was held by the Supreme Court that in the case of persons employed in foreign countries, the exchange rate applicable on the date of the award has to be taken into consideration. If that be so, the monthly income will be more than Rs.20,000/=. But, expenses in Gulf countries also will be more. Even if his monthly income was only Rs.10,000/=, after deducting 50%, the monthly contribution to the family will be Rs.5,000/=. But, we note that he was aged 27. There is likelihood of marriage and brothers and sisters were elder to him. Taking into account the mother only as his dependent, Rs.3,000/= can be taken as the monthly loss of dependency. Mother was aged 60. Only 5 can be taken as the multiplier as taken by the Tribunal and thus the compensation payable will be Rs.1,80,000/= (3000 x 12 x 5). After deducting Rs.84,000/= awarded by the Tribunal, the additional MACA.1161/2005 3 compensation payable under this head will be Rs.96,000/=. The above amount of Rs.96,000/= should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit, over and above the amount decreed by the Tribunal. On deposit of the amount, the first appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks