IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 MFA.No. 1230 of 2002() ---------------------- OPMV.565/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/3RD RESPONDENT: -------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY ITS ASST. ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G. ROAD, COCHIN-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/CLAIMANTS 1 TO 4 AND RESP.1 & 2 RESPECTIVELY: --------------------------------------------------------- 1. A. HAMEED KANNU, T.C.8/662, ZULFI NIVAS, VAIKONAM, THIRUMALA P.O., THIRUVANANTHAPURAM. 2. S. ABIDA, W/O. A. HAMEED KANNU, DO. 3. A. SULPHITHA BEEVI, D/O. A. HAMEED KANNU DO. 4. H. SUDHIR KHAN, S/O. A. HAMEED KANNU, DO. 5. R. RAMESH, S/O. RAMAN, T.C.18/2028, PADMASREE, ANNOOR, MANAKKADU P.O., THIRUVANANTHAPURAM. 6. BIJU ROBIN, S/O. ROBINSON, KARUNYA, NEAR MANAKKATTUPALAM, PEERUKAVU, VILAVOORKAL VILLAGE, THIRUVANANTHAPURAM DIST. R1 TO R4 BY ADV. SRI.NAGARAJ NARAYANAN R1 TO R4 BY ADV. SRI.NAIR AJAY KRISHNAN R1 TO R4 BY ADV. SRI.RAJAN VELLOTH R1 TO R4 BY ADV. SRI.SAIJO HASSAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.7471/2002 AND I.A.NO.524/2004 IN M.F.A.1230/2002 DISMISSED. 1.4.2008 SD/- J.B.KOSHY, JUDGE SD/- K.HEMA, JUDGE /TRUE COPY/ J.B. Koshy & K.Hema, JJ. -------------------------------------- M.F.A. No. 1230 of 2002 --------------------------------------- Dated this the 1st day of April, 2008 Judgment Koshy,J. This appeal is filed by the insurance company questioning the quantum of compensation awarded by the tribunal. 26 year old son of the first respondent sustained fatal injuries in an accident on 11.10.1996 and his wife and children filed an application for compensation. The tribunal, after finding that the driver of the vehicle insured by the appellant insurance company was responsible for the accident, awarded an amount of Rs. 18,45,000/- with interest at the rate of 9% per annum from the date of application till its deposit. Only dispute in this appeal is regarding the quantum of compensation. 2. According to the claimant, he was employed as an Office Executive of Al Mansouri Group of Estates, Abu Dhabi, U.A.E. Ext.A16 is the B.A. degree certificate. Ext.A17 shows that he was a member of the National Service Scheme. Ext.A18 shows that appellant had completed M.A. degree course. According to the claimants, he did not write the examination because he got an M.F.A.No.1230/2002 2 employment in Gulf. Ext.A20 shows that he was a member of the College Athletic team. Ext.A22 shows that he attended a computer course. Ext.A23 shows that he was working as a Secretary in 1993 and his salary was 1,500 Dirhum. Exchange rate of Dirhum was Rs.10. The tribunal has calculated the compensation taking Rs.15,000/- as the monthly income and after deducting one-third, Rs.10,000/- was taken as the monthly loss of dependency. 15 was taken as the multiplier and compensation was awarded. Passport was not produced and marked. I.A. No.3151 of 2001 was filed before the Tribunal by the appellant insurance company calling upon the legal heirs of the deceased to produce the passport and visa. No such documents were produced showing that the accident occurred during the period when he came on leave. Exts.A23 and A24 certificates were issued by the employer showing that he was employed in the year 1993. It is the contention of the insurance company that the claimant lost his employment and he had no job on the date of the accident. Original of the passport shows that he had no visa to go back and he returned from Gulf months before the accident. That shows that he had no job in Gulf at the time of accident, but, at the same time he was employed in Gulf, he studied upto M.A. He was working abroad. There is likelihood that M.F.A.No.1230/2002 3 he may go back. Assuming that he may go back also, when he is abroad, his expenses in abroad for boarding and lodging will be higher and there is likelihood of marriage also. The tribunal has taken average age of the mother and father and the age of the deceased (as 26) and 15 as the multiplier. We see no ground to differ from the finding of the tribunal. Considering the overall aspect of the matter and his educational qualification and employment etc., we are of the opinion that at least Rs.3,000/- can be fixed as the monthly loss of dependency to the family. If that be so, compensation payable will be Rs.3000 x 12 x 15 = Rs.5,40,000/-. The tribunal has awarded Rs.15,000/- for funeral expenses. We are of the opinion that only Rs.5,000/- can be awarded towards transportation and funeral expenses. Tribunal has awarded Rs.15,000/- towards loss of estate and Rs.15,000/- towards loss of love and affection. We are not interfering with the same. We are also of the view that Rs.10,000/= can be awarded for pain and suffering. He died in the Medical College Hospital. For loss/damages to clothing including a wrist watch etc. and also for life saving treatment given in the last moment, Rs.5,000/- more is awarded for the above. Therefore, total compensation payable will be Rs.5,90,000/-. The above amount should be deposited by the M.F.A.No.1230/2002 4 appellant insurance company with interest and proportionate cost at the rate awarded by the tribunal after deducting the amount already deposited. The appeal is disposed of as above. J.B.Koshy Judge K. Hema Judge vaa M.F.A.No.1230/2002 5 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.F.A. No. 1230 of 2002 ------------------------------------- Judgment Dated:1st April, 2008