IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 MACA.No. 10 of 2003() ------------------------------- OPMV.709/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/PETITIONERS IN O.P.(MV) ---------------------- 1. RAZIA, D/O.LATE NACHI, MULLASSERRY HOUSE, TANA DESOM, MANAVALASSERRY VILLAGE, IRINJALAKUDA P.O. 2. JAMEELA, D/O.LATE NACHI, -DO- -DO- 3. ASSIS, S/O.LATE NACHI, -DO- -DO- 4. RAMLA, WIDOW OF ASHRAF, -DO- -DO- 5. FATHIMA @ MUNNA (MINOR) AGED 7 YEARS, D/O.LATE ASHRAF, -DO- -DO- 6. NAZEEM, D/O.LATE NACHI, -DO- -DO- 7. SAINABA, WIDOW OF BASHEER, -DO- -DO- 8. RAMEES.M (MINOR) AGED 4 YEARS, S/O.LATE ASHRAF, -DO- -DO- 9. RANEES.M (MINOR), AGED 4 YEARS, S/O.LATE ASHRAF, -DO- -DO- MINOR APPELLANTS 5, 8 AND 9 ARE REPRESENTED BY THEIR GUARDIAN-MOTHER 4TH APPELLANT RAMLA. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH M.A.C.A. NO.10/2003 RESPONDENTS: RESPONDENTS 1 TO 3 IN O.P (MV) ------------------------ 1. V.KUNHIMOHAMMED, S/O.MOHAMMED, VALLANCHIRA HOUSE, PANDIKKAD ROAD, MANJERI. 2. A.ALI, S/O.K.MOIDU, GURUKKALA PARAMBATH HOUSE, KADIROOR. 3. THE ORIENTAL INSURANCE CO.LTD., JASEELA COMPLEX, NILAMBUR ROAD, MANJERI - 21. BY ADV. SRI.VPK.PANICKER - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- M.A.C.A.NO.10 OF 2003-B ---------------------------------------------------- Dated this the 6th day of June, 2008. JUDGMENT Koshy, J: A woman died due to fatal injuries sustained in a motor accident, that occurred on 17.2.1997. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the 3rd respondent insurance company. The compensation awarded by the Tribunal was directed to be deposited by the 3rd respondent insurance company. The only dispute is regarding the quantum of compensation as against a claim of Rs.2,00,000/= only Rs.1,09,000/= was awarded by the Tribunal as total compensation. The Tribunal fixed 8 as the multiplier considering 2nd schedule for guidance. We are of the view that no interference is required as she was 59 years old at the time of the accident. According to the claimants, she was running a bakery and a restaurant. The Tribunal fixed. Rs.1,500/= as her monthly income against a claim for Rs.6,000/=. To prove that she was conducting restaurant and bakery, Exts. A15 and A16, licence and registration certificates, were produced. It was also pointed out that even a housewife's MACA.10/03 . 2 income can be fixed as Rs.3,000/= as held by the Supreme Court in Latha Wadhwa & Others v. State of Bihar & Others (2001(8) SCC 197). Since she was conducting a bakery and a restaurant, in the absence of evidence, we fix Rs.3,000/= as her monthly income. After deducting one third for personal expenses Rs.2,000/= can be fixed as loss of family contribution. If that be so, the compensation payabl will be 2000x12x8=1,92,000/=. Tribunal awarded only Rs.96,000/= under this head taking only Rs.1,000/= as monthly contribution. Therefore, the dependants will be entitled to Rs.96,000/= more than that is awarded by the Tribunal. The additional amount also shall be deposited by the 3rd respondent insurance company with 7% interest from the date of application till the deposit over and above the decree amount. On deposit, the amount is to be distributed in the same proportion as fixed by the Tribunal to the claimants. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. cl MACA.10/03 . 3 J.B. KOSHY & P.N. RAVINDRAN, JJ. M.A.C.A.NO.10 OF 2003-B JUDGMENT 6th day of June, 2008.