IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 MFA.No. 1367 of 2002 ------------------------------- O.P.(MV).NO.269/1995 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM. .................... APPELLANTS/ PETITIONER: ---------------------------------------- 1. LETHA, D/O. BHARATHY, THAMARAL VEEDU, CHAVARA P.O., CHAVARA, KOLLAM 2. BHAVANI (MOTHER OF THE DECEASED) OF DO. DO. DO. 3. CHANDRALEKSHA (D/O. DECEASED) MINOR, REPRESENTED BY HIS MOTHER LETHA. BY ADV. SRI.N.ANILKUMAR. RESPONDENTS/ RESPONDENTS 1 TO 3: ---------------------------------------------------------- 1. ALI UMMER KUNJU, VILAYIL VEEDU, PALLISSERICKAL, SASTHAMCOTTA. 2. NAZEEM C., THAIKKAVINTE THEKETHIL, KADAPPA, MYNAGAPPALLY. 3. THE MANAGER, NEW INDIA INSURANCE COMPANY LTD., KAYAMKULAM. BY ADV. SRI.S.ABHILASH - R1, SRI.ANCHAL C.VIJAYAN - R3. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 15/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K.Hema, JJ. -------------------------------------- M.F.A. No. 1367 of 2002 --------------------------------------- Dated this the 15th day of February, 2008 Judgment Koshy,J. Husband of the first appellant sustained fatal injuries in a motor accident on 30.8.1994 and he succumbed to the injuries on 1.9.1994. At the time of the accident, she was carrying a child and child was delivered after four months of the accident. She along with the infant child and mother of the deceased together filed an application for compensation claiming an amount of Rs.7,00,000/-. The tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company and directed the insurance company to deposit the compensation. However, total compensation awarded was only Rs.1,96,600/= with interest. Quantum of compensation alone is disputed in this appeal. 2. According to the claimants, the deceased was employed as a head load worker and he was getting Rs.3,000/- per month, but, unfortunately, the widow was not able to produce any documentary evidence regarding the income, even though it was M.F.A.No. 1367/2002 2 stated that the deceased was employed as a head load worker attached to the Indian Rare Earths Limited. He was maintaining a family consisting of his wife and mother. Even if he gets Rs.100/- per day as monthly income and he might have got 24 to 25 days work in a month, Rs.2,400/- can be taken as the monthly income and after deducting one-third, Rs.1,600/- can be taken as the monthly loss of dependency. He was aged 24. His young widow, the child in the womb and the mother were orphaned. He was the sole bread winner of the family. Considering his age and taking guidance from the second schedule, 17 is the apt multiplier. Even though it was argued that a higher multiplier should be taken, we are not changing the same in view of the guidelines fixed in the second schedule. If that be so, compensation payable for the loss of dependency will be Rs.3,26,400/- (Rs.1600 x 12 x 17). The tribunal has awarded only an amount of Rs.1,53,600/-. Therefore, claimants are entitled to an additional amount of Rs.1,72,800/- over and above the amount decreed by the tribunal. Even though it is contended that compensation awarded under other heads are also inadequate, we are not changing the same considering the total amount. Out of the additional amount of Rs.1,72,800/- second appellant mother is allowed to withdraw Rs.25,000/- and out of the balance amount M.F.A.No. 1367/2002 3 Rs.1,00,000/- should be allowed to be withdrawn by the first appellant widow. Balance amount should be deposited in a nationalised bank enabling the third appellant child to withdraw the same at the age of 21 or at the time of her marriage whichever is earlier. The appeal is allowed to the above extent. J.B.Koshy Judge K. Hema Judge vaa M.F.A.No. 1367/2002 4 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.F.A. No. 1367 of 2002 ------------------------------------- Judgment Dated:15th February, 2008