IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 MFA.No. 313 of 1998() ------------------------------- OPMV.618/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANTS: APPLICANTS ------------------ 1. B.VIJAYALAKSHMI, D/O. BALAN, MELEMATATHIL VEEDU, ALTHARAMOODU, CHIRAYINKAL, TRIVANDRUM (WIFE OF THE DECEASED.) 2. BHARGAVI AMMA, D/O. LAKSHMI AMMA, MELEMATATHIL VEEDU, ALTHARMOODU, CHIRAYINKAL, TRIVANDRUM (MOTHER OF THE DECEASED). 3. VAISAKH, MELEMATATHIL VEEDU, ALTHARAMOODU, CHIRAYINKAL, TRIVANDRUM (SON OF THE DECEASED).. 4. ROHINI, MELEMATATHIL VEEDU, ALTHARAMOODU, CHIRAYINKAL, TRIVANDRUM (DAUGHTER OF THE DECEASED). BY ADV. SRI.A.M.THOMAS RESPONDENTS: RESPONDENTS ----------------------- 1. M.ABDUL MAJEED NOORUDEEN, KOLLAM KONATHU PUTHEN VEEDU, ALAMCODE, ATTINGAL, (REGISTERED OWNER OF THE BUS KET 5238.) 2. VELAYUDHAN CHETTIYAR, S/O. SUBRAMANIYAN CHETTIYAR, SUBHASH BHAVAN, PANGODE (VIA) KALLARA, TRIVANDRUM (DRIVER OF THE BUS MDL, 4952, BADGA III/ ATL/82. 3. THE MANAGER , ORIENTAL INSURANCE, CO. LTD., ULLOOR , TRIVANDRUM (POLICY NO.441203/50/14.5.1993), INSURERE OF THE BUS KET 5238. BY ADV. SRI.P.V.JYOTHI PRASAD THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- M.F.A.NO.313 OF 1998-c ---------------------------------------------------- Dated this the 16th day of June, 2008. JUDGMENT Koshy, J: The husband of the 1st appellant sustained fatal injuries in a motor accident on 9.3.1993. The deceased was aged 38 at the time of the accident. His wife, mother and children claimed compensation of Rs.Five lakhs. The Tribunal awarded only Rs.1,86,500/=. The quantum of compensation alone is disputed in this appeal. The deceased was working as Secretary of the Keerthi Welfare Association, Attingal which was doing labelling work for he Beverages Corporation. He was having an income of Rs.1,800/= per month as salary. He was also running an S.S.I unit as V.R. Industries manuracturing Agarbathi. According to the 1st appellant, he was earning Rs.3,000/= per month from that business. The deceased was also, at the time of accident, the Secretary and board member of the Milk Marketing Co-operative Society. He was also running a poultry farm as Aswathy Traders in partership. He was earning Rs.1,800/= from that business. He was also having money lending business. However, the Tribunal has fixed only MFA.313/1998 . 2 Rs.1,800/= as monthly income. He w as aged 38 at the time of the accident. He was maintaining a large family. We are of the view that the Tribunal ought to have taken atlest Rs.2,400/= as the monthly income and Rs.1,600/= as the monthly contribution to the family. If taking 2nd schedule for guidance, apt multiplier is 16. That be so, the compensation payable will be Rs.3,07,200/=. The Tribunal has awarded only Rs.1,44,000/=. Therefore, the claimants are entitled to an additional compensation of Rs.1,63,200/=. The 3rd respondent insurance company is directed to deposit the above amount with 7% interest from the date of the application till the date of deposit over and above the decreed amount by the Tribunal. A consolidated amount of Rs.20,000/=is allowed to be withdrawn by 2nd appellant (mother). 50% of the balance amount is allowed to be withdrawn by the widow and the balance amount by appellants 3 and 4, children of the deceased, in equal proportions. The appeal is allowed to the above extent. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. cl MFA.313/1998 . 3 J.B. KOSHY & P.N. RAVINDRAN, JJ. M.F.A.NO.313 OF 1998-c JUDGMENT 16th day of June, 2008. MFA.313/1998 . 4