IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MACA.No. 602 of 2006(A) ----------------------------------- OP(MV).NO.533/2001 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KALPETTA. .................... APPELLANTS/ PETITIONERS: ------------------------------------------ 1. MUHAMMED. D., AGED 52 YEARS, S/O. ALAVI, ONATHOOKKIL HOUSE, KOTTNADU P.O., MEPPADI, VYTHIRI TALUK, (FATHER OF THE DECEASED). 2. AMINA, AGED 47 YEARS, W/O. ALAVI, RESIDING DO. (MOHTER OF THE DECEASED). 3. RUKKIYA, AGED 30 YEARS, W/O. SHERIFF, KURIKKANPARA HOUSE, PATTAVAYAL, PANTHALLOOR, TAMILNADU. (SISTER OF THE DECEASED). 4. ASHRAF, AGED 28 YEARS, S/O. MUHAMMED, ONATHOOKKIL HOUSE, MEPPADI (BROTHER OF THE DECEASED). 5. SALIHA, AGED 25 YEARS, W/O. RASHEED, KUNDILADY HOUSE, MANGORENGE P.O., PANTHALLOOR TALUK, TAMILNADU (SISTER OF THE DECEASED). BY ADV. SRI.N.J.ANTONY. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. MUSTHAFA, AGED 27 YEARS, S/O. ASSAINAR, KALATHINKAL HOUSE, CHUNDALE. (DRIVER OF THE JEEP.) M.F.A. NO. 602/2006-A: 2. V.V. RAJAGOPALAN, UDAYAKKARA HOUSE, PALAKOLLY, MULLANKOLLY, PULPALLY (OWNER). 3. UNITED INDIA INSURANCE COMPANY, SULTHAN BATHERY. 4. RAJNARAYANAN, S/O. GOVINDAN CHETTY, KATTOOR HOUSE, VADUVANCHAL. 5. K. GOVINDAN CHETTY, S/O. KARIMBAN CHETTY KATTOR HOUSE, VADUVANCHAL. 6. THE NATIONAL INSURANCE CO.LTD., KALPETTA. SUPPL.7. NEW INDIA ASSURANCE COMPANY LTD KALPETTA. SUPPL.8. GOPI, AGED 40 YEARS, KAYYANICKAL VEEDU, MARAKADAVU P.O., SULTHAN BATHERY. R2 BY ADV. SRI.MATHEW KURIAKOSE, R3 BY ADV. SRI.M.A.GEORGE, R4 & R5 BY SRI.S.EASWARAN, R7 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- M.A.C.A. No. 602 of 2006 --------------------------------------- Dated this the 12th day of November, 2008 Judgment Koshy,J. Unfortunate parents of a motor accident victim along with other three children filed application for compensation contending that their son died in a motor accident due to the negligence of the drivers of the vehicles insured by the third and seventh respondents. The deceased was travelling in a jeep insured by the third respondent insurance company and it collided with another jeep insured by the seventh respondent insurance company. The Tribunal found that both the drivers were negligent and the liability was apportioned equally. Total compensation awarded was Rs.1,42,000/- and the only dispute in this case is regarding the quantum of compensation. 2. The deceased was aged 20 at the time of the accident. It is the case of the claimants that the deceased was an electrical mechanic earning Rs.6,000/- per month. No evidence was adduced to show his income. The accident occurred in 2000. The Tribunal has taken only Rs.1,500/- as the monthly income. Taking M.A.C.A. No. 602/2006 2 into account the fact that the accident occurred in 2000, the deceased was aged 20 and according to the claimants, the deceased was a mechanic and oral evidence was not controverted, we are of the opinion that at least Rs.2,500/- can be fixed as the monthly income. If that be so, Rs.30,000/- will be the annual income and yearly loss of dependency contribution is fixed as Rs.20,000/-. It is the case of the claimants that the deceased was aged 20. Taking the age of the deceased, 17 should be the actual multiplier to be used, but, since he was unmarried, age of the claimants has to be looked into. Father was aged 52 and mother was aged 47. If father's age is taken, 11 is the multiplier and if mother's age is taken, 13 is the multiplier. We are of the opinion that 12 can be taken as the multiplier taking average of the age. If that be so, compensation payable will be Rs.2,40,000/-. The Tribunal has granted only Rs.1,32,000/-. Therefore, claimants will be entitled to an additional amount of Rs.1,08,000/-. It is contended that no amount was granted for loss of love and affection and amounts awarded under other heads are very low, but, considering the total amount awarded, we are not enhancing the amount granted under other heads. Therefore, the additional amount of Rs.1,08,000/- should be deposited equally by the 3rd and 7th M.A.C.A. No. 602/2006 3 respondents in equal shares with 7.5% interest from the date of application till its deposit over and above the amount decreed by the Tribunal and on deposit of the amount, appellants 1 and 2 are allowed to withdraw the same in equal shares. The appeal is allowed partly. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.A.C.A. No. 602/2006 4 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.A.C.A.No.602/2006 ------------------------------------- Judgment Date:12th November,2008