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. 1381 of 2002(C) ----------------------------------- O.P.(MV).NO.2651/1995 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANTS/PETITIONERS: ----------------------------------------- 1. MERCY MATHEW, W/O. LATE JOY, 28/2147 (B), SURABHI, CHILAVANNOOR, KADAVANTHRA P.O., COCHIN-20. 2. DIVYA JOY, D/O. LATE JOY MINOR, AGED 15, 28/2147 (B), SURABHI, CHILAVANOOR, KADAVANTHRA P.O., COCHIN-20. 3. DEEPA JOY, D/O. LATE JOY, MINOR, AGED 12, 28/2147 (B), SURABHI, CHILAVANNOOR, KADAVANTHRA P.O., COCHIN-20. (APPELLANTS 2 AND 3 ARE MINORS RERESENTED BY THEIR MOTHER AND NATURAL GUARDIAN 1ST APPELLANT MERCY MATHEW). BY ADV. SRI.S.SREEKUMAR. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. MR. A.K. KINI, S/O. ANANTHA KINI, PREVEEN NIVAS, NANTHIGATHUKUNNAM, NORTH PARUR, ERNAKULAM DIST. 2. SHRI. P.L. VALASAN, S/O. LAKSHMI PANNAKKAPPILLIL, KAITHARAM P.O., N. PARUR, ERNAKULAM DIST. 3. M/S. UNITED INDIA INSURANCE CO. LTD., MUNICIPAL BUILDINGS, MAIN ROAD, N. PARUR-683 513. 4. ORIENTAL INSURANCE CO.LTD., PALLIMUKKU, ERNAKULAM. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL - R3, SRI.GEORGE CHERIAN (THIRUVALLA) - R4. 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.1381 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 18.11.1994. Widow and the two children claimed compensation for his death. Tribunal found that the accident occurred due to the negligent driving by the second respondent of the offending vehicle owned by the first respondent and insured by the third respondent insurance company. However, against a claim of Rs.20 lakhs, only Rs.6,57,750/- was awarded as compensation. The only dispute is regarding quantum of compensation. The deceased was employed in Indian Oil Corporation at the time of the accident. Ext.A10 is the pay roll for the month February, 1993. Ext.A11 is the pay roll for March, 1994. Ext.A9 is the salary certificate issued by the Indian Oil Corporation. Exts.A12 to A14 income tax certificates show that his monthly income was Rs.9,000/-. The tribunal has fixed only Rs.5,377/- as the M.F.A. No. 1381/2002 2 monthly income and after deducting one-third for personal expenses Rs.3,585/- was taken as the monthly loss of dependency. It is the contention of the claimants that his monthly income was Rs.9,000/-. Basic and D.A. will be Rs.7,500/- per month as per Ext.A9. Being employed in Indian Oil Corporation, a public sector undertaking, there is likelihood of periodical wage revisions. Time bound promotions are also there apart from chances of getting normal promotion. Retiral benefits are calculated on the basis of the last drawn salary. But, at the same time, vagaries of life cannot be predicted. In any view of the matter, we are of the opinion that at least Rs.6,000/- ought to have been taken as the monthly income and after deducting one-third, Rs.4,000/- can be taken as the loss of monthly contribution. Deceased was aged 35 at the time of accident. It is contended by the claimants that in view of the increase in life expectancy and decrease in interest rate, at least 20 should be taken as the multiplier. Tribunal has taken only 14 as the multiplier, but, we take guidance from the second schedule and since he was completed the age of 35, 16 is the multiplier. Therefore, compensation payable for loss of dependency will be Rs.4000 x 12 x 16 = Rs.7,68,000/-. The tribunal has awarded M.F.A. No. 1381/2002 3 Rs.6,02,280/- under this head. Therefore, additional compensation payable will be Rs.1,65,720/-. The tribunal has granted Rs.5,000/- for transportation and funeral expenses. He was taken to the hospital immediately after the accident and from there the body was transported back to the house. We are of the view that considering the financial position of the claimants, Rs.5,000/- is granted for funeral expenses itself and Rs.1,500/- is granted for transportation charges. So, an additional amount of Rs.1,500/- is granted under these two heads together. He was taken to the Medical Centre, Ernakulam immediately. Even though life saving medicines were administered, he died on the same day evening. We award Rs.5,000/- towards medical expenses. Thus, altogether, additional compensation payable will be Rs.1,72,220/- rounded to Rs.1,72,250/- over and above the amount decreed by the tribunal. The above amount of Rs.1,72,250/- should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit. On deposit of the amount, first appellant is allowed to withdraw one-third of the above amount and balance should be deposited in a nationalised bank in the name of second and third appellants in equal proportion enabling them to withdraw M.F.A. No. 1381/2002 4 the same at the time when they attain the age of 21 or at the time of their marriage whichever is earlier. J.B.Koshy Judge K. Hema Judge vaa M.F.A. No. 1381/2002 5 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.F.A. No. 1381 of 2002 ------------------------------------- Judgment Dated:15th February, 2008