IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 MACA.No. 23 of 2006() ------------------------------ OPMV.379/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): 3RD RESPONDENT: ----------------------- UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD,KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENT(S): PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY: ------------------------------- 1. ANANTHAMATHY, AGED ABOUT 68 YEARS, W/O. LATE MANDAPPA GOWDER, RATHREYA VILAS, KOOTAMUNDA, CHUNDALE POST, WAYANAD DIST. 2. U.K. HUSSAIN, S/O. KUNHIRAYIN, VALIYADANKUNNUMMEL HOUSE, KANNOTH POST,KODENCHERY. 3. SHAMSUDDIN, S/O. MOHAMMED, AGED ABOUT 30 YEARS, KIZHAKKACHALIL HOUSE, POST KAITHAPOYIL, PUTHUPPADY AMSOM, THAMARASSERY TALUK, CALICUT DIST. ADV. SRI.K.A.SALIL NARAYANAN FOR R2 & R3 SRI.G.BALAMURALEEDHARAN (PARAVUR) FOR R1 SRI.N.T.NANDAKUMAR (PARAVUR) FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ================================ M.A.C.A.No.23 of 2006 - A =============================== Dated this the 20th day of November, 2008. J U D G M E N T KOSHY, J. Son of the 1st respondent at the age of 32 sustained fatal injury in a motor accident on 15.5.2002. He was taken to the Hospital and despite life saving medicines were given, he succumbed to the injury. Tribunal found that accident occurred due to the negligence of the 2nd respondent. The appellant insurance company has admitted the coverage of insurance of the offending vehicle. The only dispute is regarding the quantum of compensation. 2nd respondent driver was charge sheeted by the police after police enquiry. Tribunal after considering Ext.A1 FIR, Ext.A2 charge sheet, Ext.A6 scene mahazar found that the 2nd respondent driver of the lorry insured by the appellant is negligent and responsible for the accident. The total amount awarded is Rs.3,03,000/-. It is the contention of the appellant that the multiplier adopted by the Tribunal was on the high side. The claimant was aged 65 years. Going by the 2nd schedule, only 5 can be taken as multiplier. But the deceased was aged 32 M.A.C.A.No.23 of 2006 - A 2 years at the time of accident. If that age is taken into account, 17 is the multiplier. But, here the deceased was unmarried. Since father of the deceased was no more, he was looking after his mother. The claimant is the mother who is fully depending on the deceased. She is still living even after six and half years of accident. Considering the age of the claimant and deceased, we are of the opinion that only 7 can be taken as multiplier instead of 17. Only Rs.1,200/- is taken as the monthly income. He was an autorikshaw driver. The accident occurred in the year 2002. According to the claimants his income was more than Rs.4,000/-. An autorikshaw driver may normally earn at least Rs.150/- per day and he may get work for about 25 - 26 days in a month. The rate of monthly income hence ought to have been fixed at least as Rs.3,000/- if Rs.4,000/- as monthly income claimed is not accepted and after deducting one third Rs.2,000/- can be taken as monthly loss of dependency. It is submitted on behalf of the claimants that they did not file any appeal only because they were not aggrieved by the total amount awarded by the Tribunal. If Rs.2,000/- is taken as monthly loss of dependency, compensation payable will be Rs.1,68,000/- (2000 X 12 X 7). M.A.C.A.No.23 of 2006 - A 3 Tribunal has granted R.1,63,000/- for loss of dependency. Therefore total amount awarded for loss of dependency is not high and requires no interference at the instance of the insurance company. But we are of the opinion that amount granted for pain and suffering (Rs.35,000/-), loss of estate (Rs. 50,000/-) and loss of expectation of life (Rs.50,000/-) are on the high side. We are of the opinion that inclusive of compensation for pain and suffering, loss of estate, transportation expenses, for taking the injured to Hospital and taking the body in ambulance to house, funeral expenses, medical expenses along with compensation for loss of dependency on account of the death of a 32 year old motor accident victim can only be Rs.2,50,000/- instead of rs.3,03,000/- as the aged mother is the only claimant. Therefore, the total amount payable is Rs.2,50,000/- with interest as awarded from the date of application till deposit, after deducting the amount already paid. The appeal is allowed as above. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE bkn/-