IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 MACA.No. 14 of 2006() --------------------- OPMV.1007/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/CLAIMANTS: ------------------------------------- 1. SUNIMOL MANOJ, PARADIYIL, EDAKADATHI P.O., MUKKULLUTHARA, ERUMELI. 2. ANKHA MANOJ (MINOR, AGED 6 YEARS) PARADIYIL, EDAKADATHI P.O., MUKKUTTUTHARA, ERUMELI, REPRESENTED BY HER MOTHER, SUNIMOL MANOJ, AS GUARDIAN AND NEXT FRIEND. 3. P.K. SUKUMARAN, PARADAYIL, EDAKADATHI P.O., MUKKUTHUTHARA. 4. SHANTHAMMA SUKUMARAN, PARADIYIL, DO. 5. ANANDHU MANOJ (MINOR, AGED 2 YEARS) PARADIYIL, EDAKADATHI P.O., REPRESENTED BY HIS MOTHER, SUNIMKOL MANOJ, DO. AS GUARDIAN AND NEXT FRIEND. BY ADV. SRI.THOMAS M.JACOB SRI.G.RAJAGOPAL RESPONDENTS: ----------------------- 1. MARYKUTTY JOSE, KONDODICKAL, VADAVATHOOR P.O., KOTTAYAM. 2. K.S. RAJAPPAN, KAINATTUKUNNEL, PALAPPARA P.O., KANJIRAPPALLY. 3. THE ORIENTAL INSURANCE CO.LTD., KOTTAYAM. BY ADV. SRI.JOBI JOSE KONDODY SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------------------- M.A.C.A.No.14 of 2006 ------------------------------------------- Dated this the 25th day of March, 2008 JUDGMENT KOSHY, J. The first appellant claimed compensation for death of her husband, who sustained fatal injuries in a motor accident. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent Insurance Company. However, the Tribunal granted only an amount of Rs.5,07,000/- with interest and cost against a claim of Rs.8 lakhs. The major contention raised is that his monthly income taken by the Tribunal was Rs.3,500/-. The Tribunal considered Ext.B2 wage particulars of Sri.Manoj, the deceased, as well as Ext.A7 income certificate from the Welfare Inspector and found that the monthly income was varying. So, depending upon these documents monthly income was assessed Rs.3,500/-. He was aged 32 years old and as per the guidelines of the second schedule, 17 was fixed as the multiplier. No grounds are made out for changing the multiplier. However, we note that at the time of the accident, he has an infant child and one was in the womb. The Tribunal has awarded only Rs.10,000/- to minor MFA 14/2006 2 petitioners 2 and 5 for loss of love and affection. The children lost their father's love and affection. Therefore, we are of the opinion that an additional amount of Rs.10,000/- is awarded to the minor children. First petitioner is awarded Rs.10,000/- towards loss of consortium as she lost her husband at a very young age. We are of the opinion that she ought to have been awarded Rs.10,000/- more for consortium as she lost her husband at a very young age. Thus the additional amount payable is Rs.20,000/-. The additional amount of Rs.20,000/- should be deposited by the third respondent Insurance Company with 7.5% interest from the date of application till its deposit. Out of the above, Rs.10,000/- is allowed to be withdrawn by the first appellant. The balance should be deposited in the name of second and fifth appellants enabling them to withdraw the same when they attain the age of majority. The appeal is partly allowed as above. J.B.KOSHY, JUDGE K.HEMA, JUDGE csl