IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 MACA.No. 350 of 2003(B) ----------------------------------- O.P(MV).NO.1755/1998 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY. .................... APPELLANTS/PETITIONERS: ----------------------------------------- 1. MANGOTTIL RABIA, D/O. UMMER HAJEE, KOTTARATHIL HOUSE, KAVUMBADY P.O., THILLANKERY (VIA), KANNUR DISTRICT. 2. SOUDATH D/O. ABDULLA, AGED 21 YEARS, KOTTARATHIL HOUSE, KAVUMBADY P.O., THILLANKERY (VIA), KANNUR DISTRICT. 3. MUHAMMED RAFI, S/O.ABDULLA, AGED 17 YEARS, KOTTARATHIL HOUSE, KAVUMBADY P.O., THILLANKERY (VIA), KANNUR DISTRICT. 4. RAFSHANA, D/O. ABDULLA, AGED 14 YEARS, KOTTARATHIL HOUSE, KAVUMBADY P.O., THILLANKERY (VIA), KANNUR DISTRICT. 5. MARIAM, D/O. ABDULLA, AGED 12 YEARS (MINOR), REP.BY MOTHER RABIA, DO. DO. BY ADV. SRI.GRASHIOUS KURIAKOSE. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. PARAKKANDY KUNJIKRISHNAN, S/O. CHANDUKUTTY, P.O.THILLENKERI, (VIA) MATTANNUR. 2. THE GENERAL MANAGER, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. M.A.C.A. NO. 350/2003-B: 3. V.C.RAJEEVAN, S/O. ACHUTHAN, VENDAKKUMCHALIL HOUSE, P.O.VILAKODE, IRITTY (VIA). 4. V.C.GANGADHARAN S/O. ACHUTHAN, SHIJU NIVAS, VANDEKKUMCHALIL HOUSE, P.O.VILAKODE, IRITY (VIA). 5. THE NEW INDIA ASSURANCE CO.LTD., THALASSERY. ADV. SRI.E.R.VENKATESWARAN FOR R5 ADV. SRI.JOHNSON P JOHN,SC KSRTC FOR R2. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2008, THE COURT ON THE SAME DELIVERED THE FOLLOWING: prv. J.B. Koshy & K.P.Balachandran, JJ. -------------------------------------- M.A.C.A. No.350 of 2003 --------------------------------------- Dated this the 4th day of August, 2008 Judgment Koshy,J. Husband of the first appellant sustained fatal injuries in a motor accident on 10.12.1997 at 8.30 a.m. While he was travelling in an autorickshaw, a KSRTC bus driven by the first respondent hit against the autorickshaw causing his death. The autorickshaw in which he was travelling was driven by the third respondent and insured by the fifth respondent insurance company. The tribunal found that the accident occurred due to the negligence of both drivers and respondents 1 and 2 and 3 to 5 were directed to deposit the amount of compensation in equal proportion, but, against a claim of Rupees Five lakhs, only an amount of Rs.2,12,000/- was awarded. The only dispute is regarding the quantum of compensation. Considering the age of the deceased, the tribunal fixed 15 as the multiplier. We see no ground to enhance the multiplier taken by the tribunal as the tribunal fixed the multiplier taking second schedule for guidance. According to the claimants, he was earning Rs.5,000/- per month. Wife of the M.A.C.A. No. 350/2003 2 deceased also asserted that her husband was giving Rs.200/- per day. In the absence of any evidence, tribunal fixed Rs.1,500/- as the monthly income. Ext.A4 is an identity card to show that the deceased was a registered headload worker. He was maintaining a large family consisting of his wife and four children (claimants in the petition). Being a registered headload worker, he would have earned at least Rs.100/- per day and he would have got at least 25 days' work in a month. If that be so, he will get a minimum of Rs.2,500/- per month. Therefore, annual income will be Rs.30,000/-. After deducting one-third for personal expenses, family contribution will be Rs.20,000/-. The tribunal has taken 15 as the multiplier. So, the compensation payable for loss of dependency and family contribution will be Rs.3,00,000/-. The tribunal has granted only Rs.1,80,000/- under this head. Therefore, claimants will be entitled to an additional amount of Rs.1,20,000/-. It is contended that compensation allowed towards loss of consortium, loss of love and affection to the four minor children at the time of death etc. are very low. However, considering the total compensation awarded, we are not enhancing the same. The additional amount of Rs.1,20,000/- should be deposited by the second respondent owner of the bus and fifth respondent insurance company equally with 7.5% interest from M.A.C.A. No. 350/2003 3 the date of application till its deposit over and above the compensation awarded by the tribunal. On deposit of the amount, appellants are allowed to withdraw the same. J.B.Koshy Judge P.N.Ravindran Judge vaa M.A.C.A. No. 350/2003 4 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.A.C.A. No.350 of 2003 ------------------------------------- Judgment Dated:16th July, 2008