IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 MACA.No. 1430 of 2005() ----------------------- OPMV.1194/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S)/3RD RESPONDENT: --------------------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED THRISSUR NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADVS. SRI.MATHEWS JACOB (SR.) SRI.JACOB MATHEW P. RESPONDENT(S)/PETITIONERS: --------------- 1. POULOSE, EDAPPATTIL HOUSE, POOVANCHIRA P.O., THRISSUR. 2. CHINNAMMA, W/O. POULOSE, DO. DO. (NO RELIEFS ARE CLAIMED AGAINST RESPONDENTS 1 & 2 IN THE ORIGINAL PETITION AND HENCE THEY ARE NOT MADE PARTIES IN THIS APPEAL.) ADV. SRI.DILIP J. AKKARA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER IN I.A. NO. 2606 OF 2005 IN M.A.C.A. NO. 1430 OF 2005. DISMISSED 15.12.2008 Sd/-(C.N. RAMACHANDRAN NAIR, JUDGE) Sd/-(HARUN-UL-RASHID, JUDGE) C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 1430 OF 2005 --------------------------------------------------------- Dated this the 15th day of December, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed by the Insurance Company challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Thrissur to the parents of the deceased who was a pillion rider in a motorbike. The appellant is the insurer of the offending vehicle, a bus, which knocked down the two wheeler. 2. The accident led to the death of the son of the claimants who are the respondents herein. We have heard Standing Counsel appearing for the appellant and counsel appearing for the respondents. Counsel for the appellant relied on the decision of the Supreme Court reported in Maharashtra State Road Transport Corpn. v. Lalnipuii, 2007(1) K.L.T. 71 S.N. Case No.100 and contended that the age of the parents should have been taken as against the age of the deceased for the purpose of granting compensation for loss of dependency. Counsel appearing for the respondents, on the other hand, submitted that even though in M.A.C.A. NO. 1430/2005 2 principle the argument of the appellant is tenable, the income adopted by the Tribunal is very low and the same has to be increased. 3. We agree with the contention of the counsel for the appellant that while granting compensation to the parents of the deceased, who died in the accident, for loss of dependency, the age of the parents should be reckoned as against the age of the deceased. The average age of the parents is taken as 45 for which the correct multiplier is 13. The multiplier of 17 adopted by the Tribunal is incorrect. Counsel for the respondent submitted that the deceased was a heavy vehicle driver and was earning much more than what is stated by the Tribunal. We, therefore, fix the income of the deceased as Rs.2,500/- per month. 4. Counsel appearing for the appellant relied on the decision of the Supreme Court reported in Donat Louis Machado v. L. Ravindra, 1999 A.C.J. 1400 and contended that dependency of parents gets reduced after marriage of the son who died in the accident. We feel this argument is also tenable because in the normal course, the deceased would have married had the accident not taken place which will reduce the dependency of the parents on him as he has to look after his family. However, having regard to the age of the deceased who was 26 years at the time of the accident, we feel loss of dependency of two-thirds can be granted for the first three years and thereafter for the next ten years at the rate of one-third. We M.A.C.A. NO. 1430/2005 3 reckon loss of dependency for the first three years at the rate of Rs.2,000/- per month which will entitle the respondents for a compensation of Rs.72,000/-. Besides this, we fix loss of dependency for the next ten years at Rs.1,000/- per month which will entitle them for a compensation of Rs.1,20,000/-. The respondents are, therefore, entitled to a total compensation of Rs.1,92,000/- for loss of dependency. For loss of love and affection and funeral expenses, we grant a compensation of Rs.25,000/-. The amount refixed by us in modification of the award passed by the Tribunal will carry interest at the rate of 7.5% per annum from the date of application till date of payment. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO. 1430/2005 4 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO.1430/2005 JUDGMENT 15th December, 2008 M.A.C.A. NO. 1430/2005 5