IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 MACA.No.30 of 2003(B) ---------------------- OPMV.233/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/PETITIONERS: ------------------------ 1. CHELLA, W/O. LATE VELAN @ PERUMAL, KUNNATHU VEEDU, AYILOOR, KOLLANKODU P.O., (NEAR PURATHIYIL BHAGAVATHI TEMPLE) PALAKKAD DISTRICT. 2. PREMA D/O. PETITIONER NO.1, DO. 3. RAJI D/O. PETITIONER NO.1, DO. 4. KANAKAM, D/O. PETITIONER NO.1, DO. 5. RAMACHANDRAN, S/O. PETITIONER NO.1, DO. BY ADV. SRI.P.V.CHANDRA MOHAN SRI.T.VENUGOPALAN RESPONDENTS/RESPONDENTS: ------------------------ 1. P.J.VARGHESE, S/O. JACOB, MANAGING PARTNER, M/S.PEEJAY MOTORS, KADAVANTHARA, KOCHI. 2. MR.SATHEESHKUMAR S/O. SUBRAHMANIAN, 'DURGA VIHAR', PERINGANDOOR, THRISSUR. 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, KOCHI. BY ADV. SRI.MATHEWS JACOB (SR.) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.A.C.A.No.30 OF 2003 (B) ------------------------------------- Dated the 11th June, 2008 J U D G M E N T Koshy,J . The husband of the 1st appellant sustained very serious injuries in a motor accident on 6.11.1993 and while on treatment, he died on 9.12.1993. His wife and four children claimed compensation amounting to Rs.1,82,100/-. Tribunal, even though found that death was due to the accidental injuries and accident occurred due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company, directed the Insurance company to pay compensation. Total compensation awarded including medical expenses was only Rs.36,000/-. Only dispute is regarding the quantum of compensation. 2. According to the claimants, deceased was 54 years old at the time of accident. In the wound certificate, age was MACA.30/03 2 mentioned as 70. Therefore, tribunal proceeded on the basis that his age was 70 and fixed the multiplier as 5. This is seriously contested by the appellants. Ext.A1 is the certified copy of FIR. In the F.I.R, it was mentioned that he was 54 years old. In the F.I.Statement also, his age was mentioned as 54 years. He had four children and two were minors studying in Schools. Their school certificates were produced. One son was aged 15 years and the youngest was aged 10 as can be seen from the extract of School registers, Exts.A9 and A10. His wife was only 48 at the time of accident. Taking all these aspects, we are of the view that tribunal's fixing of multiplier at 5 is incorrect and as per the 2nd Schedule, for a motor accident victim between age group 50 and 55, 11 is the multiplier and between the age group 55 and 60, multiplier is 8. Considering the circumstances of this case, we fix 10 as the multiplier. According to the claimants, he was employed in Jubilee Tile Factory at the time accident. He was maintaining a large family consisting of four children and his wife. According to the claimants, he was earning Rs.1,800/- per month. We fix Rs.1,500/- as the monthly MACA.30/03 3 income and after deducting 1/3 rd, Rs.1,000/- is fixed as the monthly loss of dependency. If that be so, compensation payable for loss of dependency will be Rs.1,000 x 12 x 10 = Rs.1,20,000/-. Tribunal has awarded only Rs.24,000/-. Therefore, claimants will be entitled to an additional amount of Rs.96,000/- under that head. He was in the hospital for a month on account of severe pain due to injuries during the period of treatment. Tribunal has given Rs.5,000/- for pain and sufferings. He ought have awarded atleast Rs.10,000/- for pain and sufferings. Thus, claimants are entitled to an additional amount of Rs.5,000/- under that head. Tribunal has awarded only Rs.2,500/- for loss of consortium. Tribunal ought have awarded atleast Rs.5,000/- for loss of consortium. Thus, claimants are entitled to an additional amount of Rs.2,500/- under that head. Tribunal has awarded only Rs.2,500/- for the children for loss of love and affection. Tribunal ought have awarded atleast Rs.1,000/- each for loss of love and affection. Hence, additional amount under that head is Rs.1,500/-. Therefore, additional compensation payable will be Rs.1,05,000/-. The additional amount of Rs.1,05,000/- should be MACA.30/03 4 deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit. On deposit of the amount, 1st appellant is allowed to withdraw 50% of the amount and balance by the other appellants in equal proportion. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp MACA.30/03 5 J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.A.C.A.No.30 OF 2003 (B) ------------------------------------- J U D G M E N T 11th June, 2008