IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 MACA.No. 826 of 2008() ---------------------- OP(MV).1694/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): PETITIONERS ----------------- 1. ANITHA K.V., D/O.VASU, 'DEEPTHI' KAUDAMKUNNU, AYITHAM, MAMBARAM P.O. THALASSERY TALUK. 2. DIVYA K.V., D/O.DIVAKARAN, -DO- 3. DIVIN K.V., D/O.DIVAKARAN, -DO- 4. MADHAVI VALAYANGADAN, D/O.PAIATHAL 'DEEPTHI', KAUDAMKUNNU, AYITHARA MAMBARAM P.O., THALASSERY TALUK. BY ADV. SRI.R.PARTHASARATHY RESPONDENT(S): RESPONDENTS -------------------------- 1. T.J.JOSEPH, S/O.JOSEPH THURUTHI MATTOM P.O., KOOMANTHODE KARIKOTTAKKARI, IRITTY, THALASSERY TALUK (RC OWNER OF BUS NO.KL 13/C 1229) 2. ALAKKADAN MANCHARAN, S/O.NANU CHOTHARA VEEDU, KAUDAMKUNNU, NEERVALI P.O. THALASSERY TALUK. (DRIVER OF BUS NO.KL.13/C 1229) 3. THE NEW INDIA ASSURANCE COMPANY LTD. THALASSERY BRANCH, P.O.THALASSERY (POLICE NO.3176080 389184) BY ADV. SRI.RENIL ANTO KANDAMKULATHY FOR R3 SRI.SUNIL NAIR PALAKKAT FOR R1 & 2 SRI.K.N.ABHILASH FOR R1 & 2 SMT.R.LEELA FOR R1 & 2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ. ------------------------------- M.A.C.A.No.826 of 2008 ------------------------------- Dated this the 10th November, 2009 J U D G M E N T Ramachandra Menon, J. Fixation of the proper 'multiplicant' and in turn the quantum of compensation payable towards 'loss of dependency' in a death case is the issue to be considered in this appeal. The claim petition was preferred by the legal heirs of the deceased seeking for compensation in respect of the death of the husband of the first appellant (father of the 2nd and 3rd appellants and son of the 4th appellant) in the road traffic accident occurred on 10.5.2001. The deceased was actually travelling in a Jeep, bearing Registration No.KRM 4318, when the bus, bearing Registration No.KL 13/C 1229, coming from the opposite side, hit against the jeep, causing fatal injuries to two persons, leading to separate claim petitions, which were considered and tried together by the Tribunal. MACA No.826 of 2008 2 2. It was contended that the deceased, whose case was projected in O.P.(MV) No.1694 of 2001, was working as an Accountant in the Kottayam Service Co-operative Bank, drawing a basic salary of Rs.5,175/- with such other allowances as payable, coming to a total sum of Rs.7,090/-, as revealed from Ext.A5 salary certificate. Besides the evidence tendered by the first appellant (widow of the deceased) as PW.1, the Secretary of the Society (employer of the deceased) was also examined as PW.3, who supported the particulars as regards the actual salary drawn by the deceased, as shown in Ext.A5. The grievance of the appellants is that despite the pleadings and evidence, the 'loss of dependency' has been calculated by the Tribunal, simply reckoning the basic salary, ignoring the total pay. 3. Heard both the sides. The discussion made by the Tribunal shows that the contents of Ext.A5 showing the total salary as Rs.7090/- were not sought to be controverted from the part of the contesting respondent by adducing any contra evidence. As stated in the Award itself, the respondents MACA No.826 of 2008 3 did not choose to adduce any evidence, either oral or documentary. It was also observed by the Tribunal in paragraph 14 of the Award that the amount certified in Ext.A5 as Rs.5,175/- was only the basic salary, which is corroborated by the version of PW.3, the authorised officer of the Society. The course pursued by the Tribunal limiting the monthly salary of the deceased merely to the basic pay of Rs.5,175/- is not at all correct or sustainable. Considering the undisputed facts and figures, we find that the total salary of Rs.7,090/-, as certified in Ext.A5 and as deposed by PW.1, supported by PW.3, ought to have been reckoned by the Tribunal for fixing the 'loss of dependency'. 4. Accordingly, on re-calculation of the 'just' compensation payable, reckoning Rs.7090/- as the monthly income and '13' as the multiplier, we find that a further sum of Rs.1,99,160/- is payable to the appellants towards the 'loss of dependency' (7090x 12 x 2/3 x 13 = 7,37,360 – 5,38,200). We also find that the amounts awarded by the Tribunal under other MACA No.826 of 2008 4 heads are very much adequate and do not require any modification. 5. In the above facts and circumstances, the appellants are awarded a further sum of Rs.1,99,160/-, as the balance compensation payable under the head 'loss of dependency'. The said amount shall carry interest at the rate of 7% per annum, from the date of the petition till payment. We direct the Insurance Company to satisfy the said amount, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. 6. We find that the Tribunal, while passing the Award, has ordered a portion of the compensation amount to be deposited as Fixed Deposit. The learned counsel for the appellants submits that minor children have already attained the age of majority and huge expenses are being incurred for meeting the daily needs, including education and such other requirements, and also that one of the daughters is of marriageable age. In such circumstances, we grant liberty to MACA No.826 of 2008 5 the appellants to move the Tribunal pointing out all these facts and figures, and to have the entire compensation amount released. If any such petition is filed before the Tribunal, the same shall be considered and disposed of on merits by the Tribunal, within a period of three months, from the date of filing the petition. The appeal is partly allowed as above. No cost. P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE. nj.