IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 MFA.No. 378 of 2002(C) --------------------------------- O.P. (MV).NO.995/1996 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANTS/ PETITIONERS: ------------------------------------------ 1. K.G.RAGINI, W/O. LATE MANI, AGED 39 YEARS, CHOORAPARAMBU HOUSE, VYTTILA P.O., ERNAKULAM. 2. REMYA V.M., D/O. LATE MANI, AGED 12 YEARS, CHOORAPARAMBU HOUSE, VYTTILA P.O., ERNAKULAM (REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN K.G.RAGINI). 3. RAMESH ALIAS RAHUL, S/O. LATE MANI, AGED 10 YEARS, CHOORAPARAMBU HOUSE, VYTTILA P.O., ERNAKULAM (REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN K.G.RAGINI). BY ADV. SRI.K.R.KURUP, SRI.C.R.SYAMKUMAR, SRI.R.AJITH, SRI.K.J.ABRAHAM, SRI.LAVARAJ M.G, SRI.JOSE KURIAN. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. TENSON, S/O. VAREETH,PUTHENVEETTIL HOUSE AALAMATTOM, THIRUMAKKULAM VILLAGE, TRICHUR DISTRICT. 2. STANLY A.ANTONY, AYNIKKAL TREADERS, MEKKAD P.O., ANGAMALY. 3. NATIONAL INSURANCE CO. LTD., ALUVA DIVISIONAL OFFICE, P.B.NO.89, PUMP JUNCTION, ALUVA-683 101. BY ADV. SRI.P.JAYASANKAR. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.378 OF 2002 ------------------------------------- Dated 28th February, 2008 JUDGMENT Koshy,J . A man aged 43 died in a motor accident leaving his wife and two minor children hapless. The accident occurred on 1.4.1996. Wife and children filed an application for compensation claiming an amount of Rs.8,25,000/= limited to Rs.5,00,000/=. The Tribunal though found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company, only an amount of Rs.2,17,500/= was awarded. Only quantum of compensation is disputed in this appeal. 2. It is the case of the claimants that the deceased was a carpenter by profession. According to them, Rs.160/= was the daily income of the deceased. But, Tribunal has taken only Rs.1,500/= as the monthly income and calculated compensation. We are of the view that monthly income assessed by the Tribunal is very low. A carpenter would get above Rs.150/= per day in 1996 and he might have got 24 to 26 days' work in a month. In any event, he would earn Rs.3,000/= per month and MFA.378/2002 2 he was maintaining a family. From Rs.3,000/= one third has to be deducted for calculating compensation and Rs.2,000/= can be taken as the loss of monthly dependency. He was aged 43. Therefore, Tribunal has taken 15 as the multiplier. Considering the second schedule, we are of the view that no interference is needed in the multiplier fixed by the Tribunal even though it was argued that considering the increase in life span and decrease in rate of interest, a higher multiplier should be taken. Therefore, compensation payable will be Rs.3,60,000/= (2000 x 12 x 15). Tribunal has awarded Rs.1,80,000/= on this count. Therefore, the claimants will be entitled to an additional amount of Rs.1,80,000/= under that head. Even though it was argued that compensation awarded under other heads are also very meagre, considering the total amount awarded, we are not enhancing the compensation granted under other heads. The above amount of Rs.1,80,000/= should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit. On deposit of the amount, one third is allowed to be withdrawn by the first appellant wife. One third should be released to the second appellant when she attained the age of 21 MFA.378/2002 3 or at the time of her marriage whichever is earlier. Balance amount should be released to the third appellant when he attains the age of 21. The appeal is allowed in part. J.B.KOSHY JUDGE K.HEMA JUDGE tks