IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 MACA.No. 1187 of 2007() ----------------------- (AGAINST THE AWARD DATED 25.09.2006 IN OP (MV) 2172/2001 ON THE FILES OF THE ADDITIONAL MACT, KOTTAYAM) --------------------------- APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. C.C.VASU, S/O SUKU, AGED 49, RAJESH BHAVAN, MANARKADU KARA, MANARKADU VILLAGE, KOTTAYAM TALUK. 2. A.K.KARTHIYAYANI, W/O C.C.VASU, RAJESH BHAVAN, MANARKADU KARA, MANARKADU VILLAGE, KOTTAYAM TALUK. 3. RAJALAKSHMI, D/O C.C.VASU, RAJESH BHAVAN, MANARKADU KARA, MANARKADU VILLAGE, KOTTAYAM. BY ADV. SRI.K.A.HASHIM RESPONDENT(S): RESPONDENTS -------------------------- 1. BABU P.JOSEPH, S/O JOSEPH, PLAMKOTATHIL HOUSE, THEKKUMGOPURAM BHAGOM, THIRUNAKKARA KARA, KOTTAYAM VILLAGE. 2. VALSAMMA BABU, W/O BABU, PLAMKOTATHIL HOUSE, THEKKUMGOPURAM BHAGOM, THIRUNAKKARA KARA, KOTTAYAM. 3. THE ORIENTAL INSURANCE CO. LTD., P.B.NO.124, CHEERANVELIL BUILDING, K.K.ROAD, KANJIRAPALLY. 4. ANIL KUMAR, S/O SUDHAKARAN, MOOLAYIL HOUSE, MANGANAM KARA, VIJAYAPURAM VILLAGE. 5. P.V.VIJAYAKUMARI, MOOLAYIL HOUSE, MANGANAM P.O., KOTTAYAM. 6. THE NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, KOTTAYAM, P.B.NO.633, BAKER HILL, KOTTAYAM. ADV. SRI.GEO PAUL FOR R1-2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN, Ag.CJ & P.R. RAMACHANDRA MENON, J. ----------------------------------------------- M.A.C.A. No. 1187 of 2007 -------------------------------------- Dated, this the 24th day of February, 2010 J U D G M E N T P.R. Raman, Ag.CJ. This Appeal was finally heard on 17.11.2009; but since some clarification was found necessary, it was posted as 'to be spoken to' and heard both the sides today as well. 2. The appellants are the dependents of the deceased who was a pillion rider on a motor cycle bearing No. KL-5/F-2510. The motor cycle was proceeding from Nagampadam bhagom to Kottayam through M.C. Road and when reached at YWCA, a bus bearing No. KL-5A 7542 came from behind and while trying to overtake through the left side of the road, hit on the back of the motor cycle; as a result, the pillion rider was thrown away sustaining injuries and succumbed to the injuries on the very same day while undergoing treatment at the Medical College Hospital, Kottayam. Alleging negligence on the part of the bus driver and claiming compensation under various heads, the application was filed. 3. The Tribunal found that the bus driver was negligent. Turning to the amount of compensation awardable, compensation was MACA No.1187 of 2007 2 awarded under various heads and a sum total of Rs.3,21,476/- was awarded with 6% interest. 4. Inter alia contending that the compensation awarded is low and inadequate, the appeal is filed. We heard both the sides. It was contended that the Tribunal, while fixing the compensation adopted a formula by deducting 1/3 from the salary upto 30 years and thereafter another 1/3 was also deducted. But on the ground that he was a bachelor at the time of accident, even if the compensation is reworked, taking into consideration of future prospects 50% alone can be taken as contribution to the parents; if the multiplier has to be applied on a uniform figure. 5. In Susamma Thomas's case [1994 (1) KLT 67], it was held, where the deceased had a stable job, the Court/Tribunal had to consider the future prospects and it will be having a bearing on the actual income of the deceased at the time of death. The question as to whether the deceased had a stable job is a matter of proof in this case. Nobody has been examined to see whether the job which the deceased was having, was a stable one. He was employed in some private firm on a consolidated pay. In such circumstances, it may not be appropriate in the factual situation, to fix the compensation as suggested. Further, we find that under some other heads; namely for loss of estate, loss of 'expectation' etc., amounts have been awarded on a higher side. Taking MACA No.1187 of 2007 3 into consideration of all these facts, we find in the circumstance, we can take the income of the deceased as Rs.4,000/- per month and taking 50% as the contribution to the parents/family, adopting a uniform multiplier of '11', the compensation will come to Rs.2,64,000/- constituting the loss of depndency. Since the Tribunal has awarded Rs.2,42,976/- under this head, the balance compensation payable will be Rs.21,000/- (rounded); which is hereby awarded to the appellants as the enhanced compensation. The Tribunal has awarded only 6% interest as against the normal rate of 7%. The entire compensation awarded by the Tribunal and also the additional amount now awarded will carry interest at the rate of 7%. The Appeal is thus allowed partly. The Insurance Company will deposit the balance amount due as calculated above, within a period of two months from the date of receipt of a copy of this judgment. No cost. P.R. RAMAN, ACTING CHIEF JUSTICE P. R. RAMACHANDRA MENON, JUDGE dnc