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 5TH AUGUST 2008 / 14TH SRAVANA 1930 MFA.No.500 of 2003 (F) ---------------------------- OP(MV).636/1998 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, PUNALUR. .................... APPELLANTS: PETITIONERS: --------------------------------- 1. JUBERIYA, S/O. PARISHA BEEVI, SHANIJA MANZIL, VALACODU P.O., PUNALUR, KOLLAM DISTRICT. 2. SHARIJA, D/O. JUBERIYA, SHENJA MANZIL, VALACODU P.O., PUNALUR, KOLLAM. 3. SHANIJA, AGED 12, D/O. JUBERIYA, SHANIJA MANZIL, VALACODU P.O., PUNALUR. BY ADV. SRI.V.R.REJITHKUMAR RESPONDENTS:RESPONDENTS ----------------------------------- 1. K.M.MATHEW, S/O. MICHEL, AUZHINJALIL HOUSE, KARUMANNU P.O., PALA. 2. DR.K.SIVADASAN, JEEVA NURSING HOME, KALAYANADU, PUNALUR, 3. ANILKUMAR, S/O. KARUNAKARAN NAIR, PARIYATH HOUSE, MEENACHIL P.O., PALA. 4. THE BRANCH MANAGER, NEW INDIA ASSURANCE CO. LTD., PALA BRANCH. MFA.No.500 of 2003 (F) -2- 5. THE ORIENTAL INSURANCE CO. LTD., PUNALUR BRANCH. BY ADV. SRI.K.K.M.SHERIF FOR R4 SRI.P.V.JYOTHI PRASAD FOR R5 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. F. A No.500 of 2003 ------------------------------------------------ Dated this the 5th day of August, 2008 JUDGMENT J. B. Koshy, J The husband of the first appellant sustained fatal injuries in a motor accident on 24/12/1997. He was driving a car bearing registration No.KLU/7525. The car was hit by a tourist bus bearing registration No.KRK/7337. His widow and two minor children claimed compensation amounting to Rs.6 lakhs. Tribunal found that the accident occurred due to the negligence of the third respondent/driver of the tourist bus duly insured by the fourth respondent/Insurance Company. But M. F. A No.500 of 2003 -2- the total compensation awarded was only Rs.1,94,000/- with interest and cost. Only dispute is regarding quantum of compensation. The deceased was a driver by profession. He was employed by the second respondent as a car driver and accident occurred at the time he was driving a car. He has a valid driving licence. Accident occurred on 1997. Tribunal fixed the monthly income as Rs.1,500/- only. Even if he gets only Rs.100/- per day as a professional driver, for 25 days' work he will get Rs.2,500/- as the monthly income. Therefore, annual income will be Rs.30,000/-. After deducting 1/3 for personal expenses loss of family M. F. A No.500 of 2003 -3- contribution will be Rs.20,000/-. He was 46 years old. Taking guidelines from the second schedule 13 was fixed as the multiplier. If that be so, compensation payable for loss of dependency will be Rs.2,60,000/-. The Tribunal has granted only Rs.1,56,000/- as loss of dependency. So, the total compensation payable on that count will be Rs.1,04,000/-. It is contended that first respondent became a widow at her young age and two children lost their father at their young age and compensation for loss of consortium and loss of love and affection are very meagre. Considering the total amount, we are not enhancing the amounts granted over M. F. A No.500 of 2003 -4- other heads. The additional amount of Rs.1,04,000/- should be deposited by the fourth 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 same, the widow and children are allowed to withdraw the amount in equal proportion. This M.F.A is thus, allowed in part. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-