IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 MACA.No. 342 of 2005() ---------------------- OPMV.579/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANTS/PETITIONERS ---------------------------------- 1. JAMES KOSHY, THEEMPALANGATTU, VAZHAPPALLY P.O., CHANGANACHERRY. 2. THANKAMMA JAMES, W/O. JAMES KOSHY, THEEMPALANGATTU, VAZHAPPALLY P.O., CHANGANACHERRY. 3. JESMI JAMES D/O. JAMES KOSHY (MINOR) THEEMPALANGATTU, VAZHAPPALLY P.O., CHANGANACHERRY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): RESPONDENTS -------------------------- 1. HAMSA P.P., PANACHIMATTATHIL PEROOR, ETTUMANOOR, KOTTAYAM 2. THOMAS VARGHESE, VATTAMUGHALEL PERUMPAIKADU P.O., KOTTAYAM. 3. THE ORIENTAL INSURANCE CO.LTD., KOTTAYAM. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.342 of 2005 -------------------------------------- Dated this the 11th day of November, 2008. JUDGMENT Koshy, J. Son of appellants 1 and 2 sustained fatal injuries in a motor vehicle accident on 28.11.1999. They filed claim for compensation of Rs.10 lakhs. The total compensation awarded by the Tribunal is Rs.1,76,000/-. Only dispute is regarding the quantum of compensation. 2. Deceased was aged 17 years at the time of accident. Tribunal has fixed the notional annual income of the deceased at Rs.15,000/ (Rs.1,250/- per month). His parents were employed in Germany and he was studying for Pre-degree (Plus-two). Considering the documents produced and social status of the deceased, we are of the opinion that Rs.2,000/- can be fixed as the monthly income. Considering the age of the deceased as well as parents of the deceased (parents were in the age group of 45 to 49) Tribunal fixed 16 as the multiplier and no enhancement is required in that. If Rs.24,000/- is the notional annual income, one third has to be deducted for personal expenses. So Rs.16,000/- is the family contribution and total compensation payable for loss of dependency comes to Rs.2,56,000/- (Rs.16,000 x 16). Tribunal has awarded Rs.5,000/- for pain and suffering. The post-mortem certificate shows the following injuries:- MACA No.342/2005 2 “1. L shaped sutured lacerated wound long limb measuring 4 cm. and short limb 1.5 cm. on the back of head at occipital protuberance. Fissured fracture 5 cm. on the right side of occipital bone Diffuse subdural and subarachnoid haemorrhage on both halves of brain. Signs of raised intra cranial tension were present on both sides of brain. 2. Abrasion 2x1 cm. on the back of head 7 cm. above injury No.1. 3. Multiple small abrasions over an area 18x6 cm. on the left side of back of trunk 11 cm. to left of midline and 17 cm. below top of shoulder. 4. Multiple small contused abrasions over an area 32x18 cm. involving lower part of both sides of back of trunk. 5. Multiple small abrasions over an area 7x3 cm. on the back of right arm and elbow. MACA No.342/2005 3 6. Multiple abrasion over an area 10x7 cm. on the front lip of lower part of left foot. 7. Abrasion 2x1 cm. on the back of left knee. 8. Graze abrasion 13x5 cm. involving the left forearm and elbow. 9. On dissection laceration 6.5x2x1 cm. on the inner surface of spleen.” It was not an accident spot death. He died the next day on account of the injuries sustained. Considering the nature of injuries sustained, we are of opinion that the Tribunal ought to have awarded Rs.5,000/- more for pain and suffering. On all other counts sufficient compensation was awarded. So the additional compensation payable to the appellants comes to Rs.1,01,000/- (Rupees One lakh and one thousand only). The abovesaid sum should be deposited by the third respondent Insurance Company with interest at the rate of 7.5% per annum from the date of application till the date of deposit, over and MACA No.342/2005 4 above the compensation awarded by the Tribunal. On deposit of the additional compensation, the appellants are allowed to withdraw the same in equal proportion. The appeal is partly allowed as above. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks