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. 1712 of 2004(D) ------------------------ OPMV.884/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- 1. FATHIMA, W/O. SALIM, AGED 47 YEARS, RESIDING AT THODUKAYIL HOUSE, MATHIRAPPILLY, KOTHAMANGALAM. 2. SHEEBA SALIM, D/O. SALIM, AGED 21 YEARS, RESIDING AT THODUKAYIL HOUSE, MATHIRAPPILLY, KOTHAMANGALAM. 3. MUHAMMED AFSAL @ SHIBU, S/O. SALIM, AGED 18 YEARS, RESIDING AT THODUKAYIL HOUSE, MATHIRAPPILLY, KOTHAMANGALAM. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENT(S): RESPONDENTS: --------------------------- 1. MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM. 2. GANGADHARAN, S/O. KUNJAPPAN, UKKACHIL HOUSE, KURUMALA DESOM, SHIVAPURAM VILLAGE KOZHIKODE. 3. P.V.PAILY, S/O. VARKEY, PADINJAREMOLEL HOUSE, PUTHUPPADY P.O., KOTHAMANGALAM. 4. K.S.NARAYAN, S/O. SANKARAN, KOOMULLUMCHALIL HOUSE, NELLIKUZHI, ERAMALLOOR, KOTHAMANGALAM. MACA NO.1712/2004 2 5. THE NEW INDIA ASSURANCE CO. LTD., CARMEL CENTRE, G.H.ROAD, MUNNAR-685 612. ADV. SRI.K.PRABHAKARAN,SC KSRTC. FOR R1 SRI.P.G.GANAPPAN FOR R5 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.1712 of 2004 -------------------------------------- Dated this the 20th day of November, 2008. JUDGMENT Thomas P.Joseph, J. Husband of first appellant and father of appellants 2 and 3 sustained injuries in a motor accident on 11.4.2000 and succumbed to it. He was traveling in the bus driven by the second respondent and owned by the first respondent at the relevant time. It is alleged that on account of the rashness and negligence of the second respondent, the bus hit lorry which resulted in the death of the deceased. Appellants claimed compensation to the tune of Rs.9 lakhs from the respondents. Learned Tribunal vide the impugned award awarded Rs.2,71,000/- as compensation. Claiming enhanced compensation, appellants have preferred this appeal. 2. Heard both sides. 3. Point for consideration is whether the appellants are entitled to get enhanced compensation as claimed by them. Perused the records. 4. Deceased was aged about 48 years at the time of death. First appellant, wife of the deceased was aged 43 years and appellants 2 and 3, children of the deceased were aged 17 and 14 years at the relevant time. According to the appellants, deceased who was working as Supervisor in Malappuram Co-operative Spinning Mills Ltd., earning Rs.8,000/- per month, MACA No.1712/2004 2 had resigned that job and started distributorship. Appellants claimed that while working as Supervisor he was drawing Rs.8,000/- per month as salary. They produced Ext.A8 certificate dated 6.3.2000 issued by the Managing Director of Malappuram Co-operative Spinning Mills Ltd. which stated that as on that day ( accident was on 11.4.2000) deceased was working as Assistant Spinning Master in supervisory cadre drawing a total sum of Rs.5,961.57 as monthly emoluments. According to the appellants, the deceased had resigned his job and undertook distributorship under various companies. Ext.A9 is a letter dated 18.8.2000 issued from Quantum International Pvt. Ltd. to the first appellant stating that the said establishment had issued two drafts on 20.5.2000 for Rs.2,685/- and on 15.7.2000 for Rs.2,779/- being commission payable to the deceased for the month of March and April, 2000 (the drafts were returned undelivered obviously on account of his death). Based on Ext.A9, learned Tribunal fixed the monthly income of the deceased at Rs.2,700/- and deducting one third for personal expenses, fixed the annual contribution to the appellants as Rs.21,600/-. It is contended on behalf of the appellants that monthly income and annual contribution fixed are low. 5. It is proved that the deceased had been working in Malappuram Co-operative Spinning Mills Ltd, drawing Rs.5,961.57 per month as emoluments. When the deceased resigned that job to take up distributorship on commission basis, reason persuade us to think that the deceased expected to earn more than what he was getting from the Spinning Mill as stated in Ext.A8. So far as Ext.A9 is concerned, drafts referred to therein were issued only for MACA No.1712/2004 3 distributorship of that particular company. It is also to be remembered that the drafts were sent as per Ext.A9 as commission for the month of March and April, 2000 while the deceased died on 11.4.2000. In other words, it is possible to say that the deceased had not set down to his new engagement as distributor on commission basis and spread his wings in that field. The possibility of his earning more amount by way of commission in future was not taken into account by the Tribunal. We stated that it was obviously because deceased expected to get more income than what is stated in Ext.A8 that he resigned job and engaged himself in distributorship on commission basis. Deceased was aged 48 years and was maintaining family including wife and two children. Taking these aspects into account we are inclined to fix his monthly income as Rs.3,000/- per month and less one third for personal expenses, monthly contribution to the family can be taken as Rs. 2,000/-. 6. It is seen that the Tribunal has taken 11 as the multiplier. As per Second Schedule, the multiplier in the case of death of persons in the age group of 45-50 is ‘13’. Deceased having been aged 48 years at the relevant time, multiplier ought to have been taken is 13 instead of 11. Hence, we re-fix the multiplier as ‘13’. Thus, compensation payable for loss of contribution and dependency comes to Rs.3,12,000/- (2,000 x 12 x 13). Tribunal has awarded only Rs.2,37,600/- for loss of dependency and contribution. Thus, additional compensation payable on that count is Rs.74,400/-. 7. Though it is contended by learned counsel that compensation awarded on other counts are also meager, on going through the award and MACA No.1712/2004 4 considering the total amount of compensation to which the appellants are found entitled, we are not inclined to accept that contention. Thus, additional compensation payable to the appellants comes to Rs.74,400/-. That amount will carry interest at the rate of 7.5% per annum. This appeal therefore is allowed in part. Over and above the compensation awarded by the Tribunal, appellants are allowed to realize a further sum of Rs.74,400/- (Rupees Seventyfour thousand and four hundred only) with 7.5% interest per annum from the date of application till realisation from respondents 1 and 2 jointly and severally. First respondent is directed to deposit that amount in the Tribunal and on such deposit, appellants are entitled to withdraw the amount in the proportion directed by the learned Tribunal. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks