IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 MACA.No. 47 of 2003(B) ---------------------------------- O.P.M.V.NO.902/1997 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM. .................... APPELLANTS/PETITIONERS 1,3 & 4: ---------------------------------------------------- 1. GLANCY REBELLO, AGED 37 YEARS, W/O. LATE SEBASTIAN DUROM. 2. PRESTEENA DUROM, AGED 67 YEARS, MOTHER OF LATE SEBASTIAN DUROM. 3. CHRISTY (MINOR), AGED 6 YEARS, S/O. LATE SEBASTIAN DUROM. MINOR 3RD APPELLANT IS REPRESENTED BY HER NEXT - FRIEND, MOTHER AND GUARDIAN THE 1ST APPELLANT. ALL APPELLANTS RESIDING AT CHULLIKKATTU HOUSE, WEST OF KUMBALAM FERRY, S.N.ROAD, EDACOCHIN - 6. BY ADV. SRI.ANIL S.RAJ, ADV. SMT.K.N.RAJANI, ADV. SRI.RADHIKA RAJASEKHARAN .P, ADV. SMT.NITHYA.K. RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. V.V.NANDAKUMAR, S/O.VELAYUDHAN, KUTTOTHUPARAMBIL HOUSE, S.R.M.ROAD, COCHIN -18. 2. V.ARUMUGHAN, PLAVATH HOUSE, WEST OF SIVA TEMPLE, PALLURUTHY VELI, COCHIN 6. 3. THE ORIENTAL INSURANCE CO.LTD., RAVIPURAM, COCHIN- 16. ADV. SRI.MATHEWS JACOB (SR.) FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.A.C.A. No. 47 of 2003 --------------------------------------- Dated this the 7th day of July, 2008 Judgment Koshy,J. Husband of the first appellant sustained fatal injuries in a motor accident on 28.2.1997. He succumbed to the injuries on the same day. 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 awarded amount. Claim was filed by the widow, minor child and mother. Against a claim of Rupees Seven lakhs, the tribunal awarded only Rs.2,70,500/-. The only dispute is regarding the quantum of compensation. 2. The first appellant was carrying the child at the time of accident. Even though brothers were also impleaded, no compensation was awarded to them as they are not the legal heirs or dependents. According to the claimants, the deceased was a carpenter. He was aged 35 years at the time of accident. He was maintaining the family. As per the averments of the claimants, his monthly income was Rs.4,000/-. He was a carpenter by profession. In the absence of any clear evidence, Rs.1,800/- was taken as the M.A.C.A.No.47/2003 2 monthly income and after deducting personal expenses, Rs.1,200/- was taken as the monthly contribution to the family. Deceased was a carpenter and, according to the claimants, as a carpenter he was getting more than Rs.150/- per day. We are of the opinion that even if he was getting only Rs.100/- per day and worked 25 days in a month, he will get Rs.2,500/- per month. If that be so, annual income will be Rs.30,000/- and after deducting one-third, annual loss of dependency will be Rs.20,000/-. He was aged 35. By taking guidance from the second schedule, 16 can be taken as the multiplier. Therefore, the multiplier of 16 taken by the tribunal needs no interference. If that be so, compensation payable will be Rs.3,20,000/-. Compensation awarded by the tribunal for loss of dependency was Rs.2,30,400/-. Therefore, claimants will be entitled to an additional amount of Rs.89,600/-. No amount was awarded by the tribunal for loss of love and affection to the child. First appellant was pregnant at the time of accident. That child lost an opportunity to see the father and lost paternal care, love and affection. We award Rs.10,000/- towards loss of paternal care, love and affection for the child. It is contended that wife was aged only 31. Only Rs.15,000/- was awarded for loss of consortium. Considering the total amount awarded by the tribunal, no enhancement is needed. Deceased was taken to the hospital and he died there. The tribunal has taken only Rs.5,000/- for pain and M.A.C.A.No.47/2003 3 suffering. We see no ground to enhance the same, but, since he was taken to the hospital and treatment and life saving medicines were given, we award Rs.400/- more for medical expenses. Therefore, the claimants are entitled to additional amount of Rupees One lakh over and above the amount decreed by the tribunal. Out of the amount, a consolidated amount of Rs.15,000/- shall be paid to the third appellant mother. Since the child has to be brought up, 50% of the balance amount shall be given to the first appellant. Balance should be deposited in fixed deposit in the name of second appellant minor child enabling him to withdraw the same at the age of 21. Appeal is allowed partly. J.B.Koshy Judge P.N.Ravindran Judge vaa J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.A.C.A. No. 47 of 2003 ------------------------------------- Judgment Dated:7th July, 2008