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. 2087 of 2007 -------------------------------------- OPMV.16/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANTS/PETITIONERS: 1. CHELLY, AGED 60 YEARS, FATHER OF LATE VINOD KUMAR, 188, POYLAYANMARIL HOUSE, ONGALLUR P.O., KALLADIPATTA, OTTAPALAM, PALAKKAD DISTRICT. 2. MEENAKSHY, AGED 52 YEARS, MOTHER OF LATE VINOD KUMAR, DO. DO. 3. VINEETHA, AGED 22 YEARS, SISTER OF LATE VINOD KUMAR, DO. DO. 4. VIPIN, AGED 20 YEARS, BROTHER OF LATE VINOD KUMAR, DO. DO. BY ADV. SRI.SANTHEEP ANKARATH SMT.PRIYA VIJAYAN RESPONDENT/3RD RESPONDENT: THE NEW INDIA ASSURANCE CO.LTD., REGIONAL OFFICE, THRISSUR-1, (NO RELIEF CLAIMED AGAINST R1 & R2 IN OP(MV) 16/2005. HENCE THEY ARE NOT MADE PARTIES IN THIS APPEAL). ADV. SRI.RAJAN P.KALIYATH SMT.ANUSHA RAMACHANDRAN 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.2087 of 2007 --------------------------------- JUDGMENT Balachandran, J. Vinod Kumar, the son of appellants 1 and 2 and brother of appellants 3 and 4, sustained fatal injuries in a motor vehicle accident and succumbed to the injuries on 2.9.2004. Appellants claimed compensation for the death against the owner, driver and insurer of the offending vehicle. The compensation claimed was Rs.4,79,000/-, as against which, the Tribunal awarded an amount of Rs.1,94,000/- and directed the third respondent Insurance Company to pay the amount, being the insurer of the offending vehicle. 2. In this appeal filed by the claimants, the only question to be considered is as to whether the compensation awarded by the Tribunal deserves enhancement and hence, we are deciding that question only. MACA 2087/07 2 3. According to the appellants, the deceased was a building contractor aged 27 years earning a monthly income of Rs.4,000/-. The Tribunal fixed his income notionally at Rs.3,000/- per month. We find no reason to interfere with the same. It is contended by the learned counsel for the appellants that the multiplier adopted is only 8; that the apt multiplier is 11 as the second petitioner mother has completed only 50 years of age and that compensation should have been awarded adopting 11 as the multiplier. 4. The deceased was unmarried and after the marriage, value of dependency for the mother will naturally get diminished and only a lesser sum can be considered as value of dependency. We are of the view that compensation has to be awarded to the appellants accepting the income at Rs.3,000/- per month and deducting one third towards personal expenses of the deceased and adopting the multiplier 8 and thereafter as he is likely to get MACA 2087/07 3 married and the dependency diminishing, for the balance, the multiplicand can be taken at Rs.1,000/- and multiplier 3. When so calculated, appellants would be entitled to dependency compensation as follows: 3000 x 12 x 2/3 x 8 = 1,92,000 + 1000 x 12 x 3 = 36,000. The Tribunal has taken only ½ of the monthly earnings for assessment of compensation and has fixed dependency compensation at Rs.1,44,000/- adopting 8 as the multiplier. The total compensation due towards dependency will be Rs.2,28,000/-. From out of the said amount dependency compensation awarded by the Tribunal, namely, Rs.1,44,000/- has to be deducted. Further, the Tribunal has awarded altogether an amount of Rs.20,000/- towards transportation and funeral expenses. The amount so awarded is highly excessive. Under those heads, the appellants would be entitled only to Rs.6,000/- in the aggregate and MACA 2087/07 4 therefore, the excess amount of Rs.14,000/- also has to be deducted from the aforesaid amount. Deducting that amount also, the balance amount due to the appellants by way of compensation is Rs.70,000/-. The above amount of Rs.70,000/- shall be deposited by the respondent Insurance Company within two months from today with interest thereon at 7% per annum from the date of application till date of deposit. On deposit of the amount, appellants 1 and 2 are allowed to withdraw the same in equal proportion. Appeal is, thus, allowed in part. (J.B.Koshy, Judge) 3rd November, 2008 (K.P.Balachandran, Judge) tkv