IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 MFA.No. 1175 of 2002() -------------------------------- OP(MV).1980/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: PETITIONERS ---------------------- 1. PAULIN, WODOW OF ANTOO, PARAKKA GNARALELI HOUSE, KAROOR DESOM, ALOOR VILLAGE, MUKUNDAPURAM TALUK. 2. LEENA ANTOO, YEARS, D/O.LATE ANTOO, PARAKKA GNARALELI HOUSE, KAROOR, ................DO.................. 3. MILY ANTOO, D/O.LATE ANTOO, ...........DO............ 4. MEENA ANTOO, D/O.LATE ANTOO, ............DO............. 5. ALWYN ANTOO, 16 YEARS, MINOR, S/O.LATE ANTOO, ...............DO................ REPRESENTED BY HIS MOTHER (1ST APPELLANT) BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS ------------------------ 1. K.P.KUNJIRAMAN PILLAI, S/O.KESAVAN PILLAI, KURANDIPALLI HOUSE, SADANANDAPURAM P.O., KOTTARAKKARA, KOLLAM DIST. 2. SURENDRAN.K.K., S/O.BALAKRISHNAN, NEDUMPARAMBIL HOUSE, CHALAKUDY P.O. M.F.A. NO.1175/2002 3. MANAGER, ORIENTAL INSURANCE CO., KALLOOKKARAN SHOPPING CENTRE, ANGAMALY. BY ADV. SRI.P.G.PARAMESWARA PANICKER - R1 SRI.P.GOPAL SRI.MATHEWS JACOB - R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.1175 OF 2002 (D) ----------------------------------- Dated this the 29th day of February, 2008 J U D G M E N T KOSHY,J. The husband of the 1st appellant died in a motor accident at the age of 47. According to the claimants, on 3.5.1994, due to the negligent driving of the 2nd respondent, the car in which he was travelling was involved in an accident and the car was burned out. He was sitting inside the car. He got first degree burns and after 33 days of treatment, he succumbed to the injuries. His wife and four children claimed compensation of Rs.6 lakhs, which is limited to Rs.4 lakhs. The total compensation awarded by the tribunal was only Rs.1,95,000/-. Only quantum of compensation is disputed in this appeal. 2. Appellant was 47 years old at the time of accident. Tribunal has taken 13 as the multiplier taking 2nd Schedule as the guideline. We see no ground to interfere with the same. MFA.1175/02 2 According to the claimants, he was working as a Mechanic in General Engineering Company, getting a monthly income of Rs.5,000/-. Ext.A6 salary certificate was produced from that company showing that his net monthly income was Rs.3,000/- even though it was mentioned in one paragraph at the operative portion that he was getting Rs.2,000/- per month. He was a mechanic. He was maintaining a large family consisting of wife and four children. Tribunal fixed only Rs.1,500/- as the monthly income. Even if the salary certificate is not accepted, even a manual worker in Kerala, during the time, will get more than Rs.100/- per day and he may get 25 to 26 days work. We are of the opinion that tribunal ought have fixed atleast Rs.2,400/- as the monthly income. After deducting 1/3 rd, Rs.1,600/- can be taken as the monthly loss of dependency to the family. Hence compensation payable will be Rs.1,600 x 12 x 13 = Rs.2,49,600/-. Tribunal has awarded only an amount of Rs.1,56,000/- under this head. Therefore, additional amount payable will be Rs.93,600/-. He has got first degree burn injuries. He was inpatient in the hospital for 33 days and he must have suffered unbearable pain for all MFA.1175/02 3 these periods because of the burn injuries caused. Therefore, tribunal ought have awarded atleast Rs.25,000/- for pain and sufferings. But only Rs.5,000/- was awarded for pain and sufferings. Thus, he is entitled to Rs.20,000/- more under that head. At the time of death, three children were minors. They lost love and affection, fatherly care etc. The total amount awarded for loss of fatherly care was only Rs.5,000/-. We are of the opinion that Rs.5,000/- each can be awarded. Therefore, he will be entitled to Rs.15,000/- under that head. Towards loss of consortium to the wife, who was aged 33 at the time of accident, Rs.5,000/- was awarded. We are of the opinion that Rs.2,500/- more ought have been awarded for loss of consortium. He was in the hospital for 33 days. Life saving medicines were administered. Bills for Rs.21,016/- was produced (Ext.A5 series). Tribunal awarded only Rs.21,000/- for treatment expenses. There will be many expenses in the hospital which are not covered by the medical bills. From the place of accident, he has to be transported to the hospital and from there his dead body was carried to his house. Therefore, for other incidental expenses in the hospital including MFA.1175/02 4 transportation charges, we award Rs.4,000/- more. With regard to other claims, just and reasonable amount was awarded. Therefore, additional compensation payable will be Rs.1,35,100/-. The above amount should be deposited by the 3rd respondent Insurance company from the date of application till its deposit over and above the decreed amount by the tribunal. On deposit of the amount, 50% of the above is allowed to be withdrawn by the 1st appellant. Balance are allowed to be withdrawn by the four children in equal shares. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.1175 OF 2002 (D) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 29th February, 2008