IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 MACA.No. 1821 of 2006(A) ------------------------------------------- OPMV.1132/2003 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): PETITIONERS ------------------------------------------ 1. SABIRA, W/O. MOOSA AHSAN AMEEN @ AMEEN, AGED 32 YEARS, RESIDING AT KURUMBALAKKATTU PUTHENPURA HOUSE, PREUMATTOM KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA. 2. SAHALBIN AMEEN,S/O MOOSA,AHSAN AMEEN @ AMEEN,AGED 13,R/AT.KURUMBALAKKAATTUPUTHENPURA (H), PERUMATTOMKARA,VELLOORKUNNAM VLG.,MUVPZA. TLK.REP. BY HIS NEXT FRIEND AND MOTHER SABIRA,W/O MOOSA AHSAN AMEEN @ AMEEN,AGED 32,R/AT.KURUMBALAKKATTUP- UTHENPURA(H), DO. DO. 3. SAMEEHA AMEEN,D/O.MOOSA,AHSAN AMEEN @ AMEEN,9 YEARS,R/AT. KURUMBALAKKAATTU PUTHENPURA (H),PERUMATTOMKARA,VELLOORKKUNNAM VILLAGE, MUVATTUPUZHA TALUK,REP. BY HER NEXT FRIEND AND MOTHER SABIRA,W/O.MOSA AHSAN,AMEEN @ AMEEN,32 YRS. R/AT. DO. DO. DO. 4. SANAA AMEEN, D/O. MOOSA, AHSAN AMEEN @ AMEEN, AGED 1,R/AT.KURUMBALAKKAATTU PUTHENPURA (H),PERUMATTOM KARA,VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK, REP. BY HER NEXT FRIEND AND MOTHER SABIRA, W/O. MOOSA AHSAN AMEEN @ AMEEN, 32 YRS, R/AT. -DO- -DO- 5. ALIKUNJU, S/O. KOCHUMAKKAR, AGED 67 YRS, RESIDING AT KURUMBALAKKAATTU PUTHENPURA HOUSE, PERUMATTOM KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK. MACA.NO.1821 OF 2006 A 6. RABIA, W/O. ALIKUNJU, AGED 61 YEARS, RESIDING AT KURUMBALAKKAATTU PUTHENPURA HOUSE, PERUMATTOM KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.P.V.ELIAS SRI.N.N.ELAYATH SRI.N.P.THANKACHAN RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. GEORGE, S/O. THOMAS, AGED 47 YEARS, RESIDING AT KOCHUPARAMBIL HOUSE, EAST VAZHAPPILLY, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK. 2. SOSAMMA THOMAS, KOCHUPARAMBIL HOUSE, MARKET P.O., MUVATTUPUZHA. 3. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, MUVATTUPUZHA. ADV. SRI.K.JAJU BABU FOR R1 SMT.M.HEMALATHA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ------------------------------------------ M.A.C.A. NO. 1821 OF 2006 A ------------------------------------------ Dated this the 8th July, 2009 JUDGMENT K.M. Joseph, J. Appellants are the widow, children, father and mother of a person who died as a result of negligent driving resulting in a motor vehicle accident. The tribunal has awarded a total sum of Rs.3,00,436/=. This Appeal is directed against the quantum of compensation. 2. We heard the learned counsel for the appellants and also the learned counsel appearing on behalf of the third respondent Insurance Company. 3. Learned counsel for the appellants would submit that the amount awarded as dependency compensation is highly meagre. The deceased was a merchant and the income taken by MACA.NO.1821/06A 2 the tribunal was only Rs.2,000/= per month. The date of accident was 21.6.2003. The discussion regarding the same is in paragraphs 13 and 14 of the award of the tribunal, which are extracted hereunder: “13. Next question is what was the income of the deceased. Petitioners contended in the petition that his monthly income was Rs.5,000/= per month. Third respondent contended that it was less than Rs.1500/=. Ext.A7 shows that he was a business man. The fact that he was owning a scooter is not disputed. Ext.A8 is the copy of the return filed by the firm. It shows that the amount paid to the deceased as remuneration was Rs.18,000/= during the assessment year 2003 i.e. at Rs.1500/= per month. Ext.A9, copy of the income tax return filed for the assessment year 2003 - 2004 shows that the deceased was paid a remuneration of Rs.22,012/= (in other wise deceased was paid at the rate of Rs.1834.33 per month). 14. Ext.A10 is the copy of the return for the assessment year 2004 - 2005. That shows that he MACA.NO.1821/06A 3 was paid a sum of Rs.5038.33 as remuneration. That was for the period from 1.4.19 till his death.” 4. Learned counsel for the appellants would point out that the evidence of PW1 would make it clear that the deceased was earning higher income. Secondly, he would point out that only Rs.6,000/= was awarded in the aggregate towards love and affection. He further submits that Rs.7,500/= alone is granted towards loss of consortium and likewise, against loss of estate, only Rs.2,500/= has been granted. 5. Admittedly, the deceased was a business man. He was maintaining a family consisting of his wife and three minor children apart from his aged parents. Having regard to the materials on record and also future prospects, as the deceased was only 35 years of age at the time of accident, we feel that we can safely fix Rs.2,800/= as the income per month. We further notice that the number of members of the family of the deceased MACA.NO.1821/06A 4 are five, if we take the deceased and appellants 1 to 4, namely the wife and three children. If we include appellants 5 and 6 also, there will be seven members. Therefore, we are of the view that the deduction towards personal expenses of the deceased should be limited to 1/4th and not 1/3rd. Applying the income of Rs.2,800/= per month and after deducting 1/4th towards personal expenses of the deceased, the appellants would be entitled to a sum of Rs.1,47,264/= more towards dependency. 6. We also feel that the appellants should be awarded Rs.4,000/= more towards love and affection, as even after adding the amount, it will be only Rs.10,000/=. We also award Rs.2,500/= towards loss of consortium thereby, increasing the amount from Rs.7,500/= to Rs.10,000/=. Likewise, we award Rs.2,500/= more towards loss of estate. Thus, the appellants would be entitled to Rs.1,56,264/= which is rounded off to Rs.1,56,000/= with interest at 7.5 per cent from the date of the MACA.NO.1821/06A 5 petition till the date of realisation from the third respondent. The Appeal is allowed as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge