IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 MACA.No.1080 of 2005 (C) ------------------------------- OPMV.1784/1998 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANTS/PETITIONERS --------------------------------- 1. K.V.HARIDAS, AGED 45 YEARS, VISWAMANGALAM, NEDUMUDI SOUTH MURI, NEDUMUDY VILLAGE, ALAPPUZHA. 2. BHAVANI, AGED 40 YEARS @ KUNJUMOL, W/O.K.V.HARIDAS, VISWAMANGALAM, NEDUMUDI SOUTH MURI, NEDUMUDY VILLAGE, ALAPPUZHA. 3. JAYALEKSHMI, AGED 20 @ DEEPA, D/O.K.V.HARIDAS, VISWAMANGALAM, NEDUMUDI SOUTH MURI, NEDUMUDY VILLAGE, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENTS/RESPONDENTS ------------------------------------ 1. SIBY JOSEPH, AGED ABOUT 30 YEARS, S/O.CHACKO JOSEPH, PALATHRA HOUSE, WARD NO. II, CHANGANASSERY MUNICIPALITY, VAZHAPPALLY VILLAGE, KOTTAYAM. MACA.No.1080 of 2005 (C) -2- 2. THE ORIENTAL INSURANCE CO. LTD., REPRESENTED BY ITS BRANCH MANAGER, CHANGANASSERRY. ADV. SRI.K.SASIKUMAR FOR R1 SRI.MATHEWS JACOB (SR.) FOR R2 SRI.P.JACOB MATHEW FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.1080 of 2005 --------------------------------- JUDGMENT Balachandran, J. Jayasankar, the son of appellants 1 and 2, who was riding a motor cycle, sustained serious injuries in a motor vehicle accident on 3.9.1998 and succumbed to the injuries on the same day, when he was hit down by jeep bearing Reg.No.KL-3/B 7727, driven by the first respondent, who was also the owner of the said jeep and insured by the third respondent. Appellants, who are the father, the mother and the sister of the deceased, advanced claim for a total compensation of Rs.12,55,000/-. Tribunal awarded an amount of Rs.1,40,000/-. This appeal is filed claiming enhancement in compensation. Hence, we are considering that aspect alone in this appeal. 2. According to the appellants, the deceased was an automobile merchant aged 17½ years and was MACA 1080/05 2 earning a monthly income of Rs.4,000/-. However, in the absence of evidence to establish the avocation and the income, the Tribunal estimated his income notionally at Rs.1,500/- per month and adopting the multiplier 10, worked out the compensation for dependency at Rs.1,20,000/-. 3. It is contended before us by the learned counsel for the appellants that the deceased was only 17½ years old and going by the second schedule, the multiplier to be adopted was 16, whereas, the Tribunal has adopted only 10 as the multiplier and that is unjustified. It is also contended that compensation awarded under various other heads also is meagre and deserves to be enhanced. 4. Estimating the income of the deceased notionally at Rs.1,500/- per month cannot be found fault with in the absence of evidence to prove avocation and income. But, all the same, the deceased was unmarried and taking into account the MACA 1080/05 3 age of the father and mother, who are respectively 45 and 42 years old, we are of the view that 14 will be the apt multiplier to be adopted, as per the second schedule to the Motor Vehicles Act. In that event, the compensation payable for dependency will be Rs.1,68,000/- (1500 x 12 x 2/3 x 14). The Tribunal has awarded only Rs.1,20,000/- on that count. Hence, the additional amount payable by way of dependency compensation will be Rs.48,000/-. Towards pain and suffering, an amount of Rs.5,000/- alone was awarded. Though the accident has taken place at 2.30 p.m., the victim breathed his last only at 5.45 p.m. and till then, he was undergoing excruciating pain and suffering. Therefore, we are of the view that an amount of Rs.2,500/- more will have to be awarded towards pain and suffering. Towards loss of love and affection and protection to the father, mother and sister, who are the appellants, only an amount of Rs.10,000/- was awarded. We are of the view that an additional MACA 1080/05 4 amount of Rs.5,000/- also has to be awarded on that count. Hence, the total additional compensation payable will be Rs.55,500/-. The above amount of Rs.55,500/- shall be deposited by the second respondent Insurance Company within two months from today with interest at 7.5% per annum from the date of application till date of deposit. On such deposit, appellants 1 to 3 will be entitled to withdraw the same in the proportion 40:40:20. Appeal is, thus, allowed in part. (J.B.Koshy, Judge) 3rd November, 2008 (K.P.Balachandran, Judge) tkv