IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 MACA.No. 202 of 2007(F) ---------------------- OPMV.1332/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANTS/PETITIONERS: ------------------------------ 1. JAYA GOPALAKRISHNAN, W/O. LATE GOPALAKRISHNAN, ALOOR HOUSE, THUKALASSERY MURI, THIRUVALLA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. 2. GOPIKA GOPALAKRISHNAN,(MINOR) D/O. LATE GOPALAKRISHNAN, ALOOR HOUSE, THUKALASSERY MURI, THIRUVALLA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, REPRESENTED BY MOTHER JAYA GOPALAKRISHNAN. BY ADV. SRI.T.K.KOSHY SRI.SABU I.KOSHY RESPONDENT(S): RESPONDENTS 3 AND 4: ---------------------------------- 1. V.S.GEORGE, VALIPLACKAL HOUSE, KUMBAZHA P.O., PATHANAMTHITTA DISTRICT. 2. BRANCH MANAGER, THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, PAZHAVANGADI P.O., RANNY, PATHANAMTHITTA DISTRICT. ADV. SRI.A.INEES SRI.V.P.K.PANICKER FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No. 202 of 2007 -------------------------------------- Dated this the 28th day of July, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. 1. Wife and daughter of a person aged 38 years, who died in a motor vehicle accident, are in appeal seeking enhancement of the compensation awarded by the Tribunal. The accident occurred when a Bus in which the deceased was trying to board was taken forward in a negligent manner causing him to fall down from the Bus and its back wheel running over his body. The Tribunal found that the accident occurred due to negligence on the part of the conductor and driver of the Bus and accordingly held that the 4th respondent being the insurer of the Bus is liable to pay the amount of compensation awarded. 2. The deceased was working as a Supervisor in a construction company. Ext.A6 is the certificate issued by the employer evidencing his monthly salary as Rs.4,925/-. But the learned Tribunal has not accepted the income for the purpose of computing loss of dependency. On the other hand notional income is fixed at Rs.2000/- per month. After deducting 1/3rd of MACA. 202/07 2 the amount towards personal expenditure the annual income for the purpose of computation is adopted as Rs.8000/-. On adopting multiplier of 17 the dependency is worked out at Rs.2,72,000/-. The learned counsel appearing for the appellant vehemently contended that the amount awarded is highly unrealistic and too inadequate. The non-acceptance of the monthly income as proved through Ext.A6 certificate is attacked as unreasonable and unjustifiable. He further contended that the award of interest @ 6% per annum is highly on the lower side. 3. On an anxious consideration of the award and on evaluation of the evidence on record we feel that the amount awarded by the Tribunal under the head of loss of estate and dependency is slightly on the lower side, and is liable to be revised. Eventhough Ext.A6 could not be accepted due to lack of proof by non-examination of the person who issued the same, we think it is only moderate to fix the gross income of the deceased at Rs.3000/- during the year 2002, taking into account of the fact that he was working as a Supervisor in a construction company. Worked out on that basis the net income for the purpose of computation of dependency can be adopted at Rs.2000/-. Hence the amount of compensation under the head of loss of estate and MACA. 202/07 3 dependency need be re-fixed at Rs.4,08,000/- (Rs.2000 x 12 x 17). This will entitle the appellants for an additional sum of Rs.1,36,000/- (Rs.4,08,000 - Rs.2,72,000) under that head. Thus the total compensation need enhancement by an amount of Rs.1,36,000/-. We also feel that an enhancement of the interest from 6% to 7.5% is reasonable and justified. In the result the appeal is partly allowed enhancing the total compensation of Rs.3,27,000/- fixed by the Tribunal by a further sum of Rs.1,36,000/-. The original amount of compensation as well as the enhancement granted in this appeal will carry interest @ 7.5% per annum from the date of claim petition till payment. The 4th respondent is directed to make payment of the amount within a period of 3 months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb