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 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 MACA.No. 456 of 2003() ---------------------- OPMV.892/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/3RD RESPONDENT: ------------------------------------------------ UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY IT'S DEPUTY MANAGER, THIRD PARTY CLAIMS CELL, VETTUKATTIL BUILDING, M.G.ROAD, KOCHI-16. BY ADV. SRI.M.S.PATTALI RESPONDENTS: PETITIONERS/1ST AND 2ND RESPONDENTS: -------------------------------------------------------------------------------------------- 1. K.P.SUNANDA, W/O. LATE PADMANABHAN NAIR, KIZHEKKE PUTHUKUDI HOUSE, P.O.KARATTUKURUSSI, PIN - 679 501 2. DEEPTHI, (MINOR) D/O. LATE PADMANABHAN NAIR, DO. DO. 3. DEPESH, (MINOR) S/O. LATE PADMANABHAN NAIR, DO. DO. (MINORS 2 AND 3 REPRESENTED BY GUARDIAN AND MOTHER, K.P.SUNANDA.) 4. C.SURESHBABU, S/O. NARAYANANKUTTY NAIR, CHERUKAD VEEDU, MUDAPPALLUR, PALAKKAD. 5. T.VALSALA AMMA, W/O.BALAGANGADHARAN NAIR, THONOKOTTU HOUSE, MUDAPPALLUR, PALAKKAD. ADV.SRI.V.K.BALACHANDRAN FOR R1 TO R3 SRI.N.K.KARNIS FOR R1 TO R3 SRI.JOBI JOSE KONDODY FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & K.P. Balachandran, JJ. -------------------------------------- M.A.C.A. No.456 of 2003 --------------------------------------- Dated this the 15th day of September, 2008 Judgment Koshy,J. A 61 year old man sustained fatal injuries in an accident on 24.7.1999. The Tribunal found that death occurred due to the negligence of the driver of the vehicle insured by the appellant insurance company. The insurance company is questioning the quantum of compensation. Total amount awarded by the Tribunal is Rs.3,26,500/-. The Tribunal awarded Rs.3,12,000/- towards loss of dependency taking Rs.3,000/- as the monthly income and Rs.2,000/- as the loss of dependency to the family and taking 13 as the multiplier. With regard to the monthly income, we are of the view that the Tribunal has relied on the salary certificate produced in the case. Ext.A6 salary certificate shows his salary as Rs.4,000/-, but, in the application it was stated that his monthly income was only Rs.3,000/-. The Tribunal fixed the monthly income as stated in the application. We are of the view that the insurance company cannot say that the monthly income fixed is on the high side. The accident occurred in 1999 and the deceased was employed as a M.A.C.A.No.456/2003 2 supplier in Hotel Woodlands, Ottappalam. It cannot be stated that the monthly income taken by the Tribunal is excessive. It is also contended by the appellant that the multiplier taken is very high. As per the second schedule, multiplier for a 61 year old person is 5. The Tribunal has taken 13 as the multiplier as the wife was aged only 47 years at the time of accident. His daughter was aged 12 years and son was aged 10 years. The Tribunal has taken 13 considering the age of the claimants. The age of the deceased has to be taken into account in normal circumstances. It is true that the second schedule framed for the purpose of section 163-A applications can be taken as a guideline in fixing compensation under section 166 also, but, it serves only as a guideline in fixing compensation. Age of the claimants also can be taken into account by the Tribunal while fixing the multiplier. In this case, there are exceptional circumstances that wife is aged only 47 and he had children of 12 and 10 years at the time of the accident. Life expectancy is also on the increase. Considering the facts and circumstances of the case and considering the age of the children who were left hapless, we fix 9 as the multiplier instead of 13 fixed by the Tribunal. The monthly income fixed by the Tribunal was Rs.3,000/-. After deducting one-third, loss of family contribution will be Rs.2,000/- and compensation M.A.C.A.No.456/2003 3 payable will be Rs.2,000 x 12 x 9 = Rs.2,16,000/-. The Tribunal has awarded Rs.3,12,000/- under this head. Therefore, compensation will be reduced by Rs.96,000/-. So, total compensation payable will be Rs.2,30,500/= instead of Rs.3,26,500/=. The above amount of Rs.2,30,500/- should be deposited by the appellant insurance company with proportionate interest and cost as awarded by the Tribunal after deducting the amount already deposited. The appeal is allowed partly. J.B.Koshy Judge K.P. Balachandran Judge vaa M.A.C.A.No.456/2003 4 J.B. KOSHY AND K.P.Balachandran,JJ. ------------------------------------- M.A.C.A. No.456/2003 ------------------------------------- Judgment Date:15th September,2008