IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 MACA.No. 32 of 2003() --------------------- OPMV.1118/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANTS/PETITIONERS: --------------------------------------------- 1. E.THILAKAM, D/O. NARAYANAN NAIR, AGED 60 YEARS. 2. E.VINAYAN, S/O. KARUNAKARAN, AGED 36 YEARS. 3. E.ANITHA, D/O. KARUNAKARAN, AGED 32 YEARS. 4. E.JAYARAJAN, S/O. KARUNAKARAN, AGED 29 YEARS. (ALL THE APPELLANTS ARE RESIDING AT EDAPPARA HOUSE, NEAR KANTHUR TEMPLE, PALLIKUNNU, KANNUR) BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH RESPONDENTS: RESPONDENTS: ------------------------------------------------- 1. MULLA VEETTIL SAKEER HUSSAIN, S/O. BASHEER, AGED 29 YEARS, NOOR MAHAL, P.O. MANKAVU, PANNIYANKARA, KOZHIKODE. 2. OLLAKARA MUJEEB RAHIMAN, S/O. KUNHIMOHAMMAD, AGED 21 YEARS, MARIAPURAM, P.O. THIRUVAMBADI, KOZHIKODE. 3. UNITED INDIA INSURANCE CO. LTD.,KANNUR BY ADV. SRI.K.R.AVINASH (KUNNATH) FOR R2 SRI.P.SANKARANKUTTY NAIR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- M.A.C.A.NO.32 OF 2003-B ---------------------------------------------------- Dated this the 6th day of June, 2008. JUDGMENT Koshy, J: A 26 years old youngster sustained fatal injuries in a motor accident on 24.3.1997. His mother, two brothers and sister applied for compensation claiming an amount of Rs.Five lakhs. But only Rs.89,500/= was awarded. It was found by the Tribunal that the accident occurred due to the negligent driving of the jeep by the 2nd respondent and the above jeep was insured by the 3rd respondent insurance company. The only dispute is regarding quantum of compensation. According to the claimants, at the time of the accident, the deceased was 26 years old and he was a painting contractor and earning Rs.6,000/= per month. In the absence of any authentic evidence, the Tribunal did not accept the same. According to PW1, the brother of the deceased, the 3rd appellant - his sister is a widow and he and his younger brother were unemployed. The Tribunal found that he was telling false statement to the court as it has come out in evidence that he is running a telephone booth and the 4th appellant is also earning MACA.NO.32/2003 . 2 income even though his widowed sister (3rd appellant) had breast cancer. The Tribunal found that the mother and widowed sister were depending on the income of the deceased. Even though it is not proved that the deceased was earning Rs.6,000/= per month, we are of the opinion that being a painter he must have earning at least Rs.125 to 150 per day and Rs.3000/= can be fixed as his monthly income. After deducting one third, Rs.2,000/= is fixed as his family contribution. He is an unmarried person. Even though the Tribunal found that the 3rd appellant, who is elder to the deceased, is a breast cancer patient, we are of the view that age of the mother (more than 60 years) has to be taken into account for taking the multiplier for the calculation of compensation. All the brothers and sister are elders to the deceased. Therefore, five taken as the multiplier needs no interference. The total compensation payable for loss of family contribution is Rs.1,20,000/= (2000x12x5)). Tribunal has granted only Rs.60,000/= for loss of family contribution. Hence, the claimants will be entitled to an additional amount of Rs.60,000/= more than what is awarded by the Tribunal. The above Rs.60,000/= should be deposited by the 3rd respondent insurance company with 7% interest from the date of the application till the date of deposit. On depositing the amount, MACA.NO.32/2003 . 3 two third amount is allowed to be withdrawn by the 1st appellant and the balance amount by the 3rd appellant. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. cl MACA.NO.32/2003 . 4 J.B. KOSHY & P.N. RAVINDRAN, JJ. M.A.C.A.NO.32 OF 2003-B JUDGMENT 6th day of June, 2008. MACA.NO.32/2003 . 5