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 MFA.No. 399 of 2003() ------------------------------ OPMV.3959/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANTS/ PETITIONERS IN O.P(M.V.) ----------------------------------------------------------- 1. ALEEMA, AGE 44 YEARS, D/O.KUNHAVARAN, (WIFE OF THE DECEASED) 2. M.V.LUKUMANUL HAKEEM, S/O.M.V.MOHAMMED, AGED 19 YEARS, D.O.B. 4.6.83. 3. M.V.SNAFILA, D/O.M.V.MOHAMMED, AGED 13 YEARS, D.O.B. 16.8.1989. 4. M.V.JUNAID, S/O.M.V.MOHAMMED, AGED 11 YEARS, D.O.B. 15.1.1992. 5. M.V.BYYATHU, W/O.MOOSAKUTTY, AGED 69 YEARS, (MOTHER OF THE DECEASED) PETITIONER NOS.3 & 4 ARE MINORS AND THEY ARE REP.BY THEIR MOTHER AND GUARDIAN, THE 1ST PETITIONER(ALL ARE RESIDING AT AMBILOLI HOUSE, P.O VELLAYIKODE, PERUMANNA AMSOM, PUTHUR DES OM, PANTHEERANKAVE, CALICUT DISTRICT. ADV. SRI.THOMAS ANTONY SRI.M.P.PRAKASH RESPONDENTS/ RESPONDENTS IN O.P(M.V) --------------------------------------------------------------- 1. O.V.UMMER, S/O.MOHAMMED, KALARIPARAMBU, AREEKKAD P.O., NALLALAM. 2. P.MOHAMMED, S/O.KUNHALI, PERIKKAMBALATH HOUSE, PERUMANNA AMSOM DESOM, P.O.VELLAYIKODE, PANTHEERANKAVU. MFA.No. 399 of 2003 3. THE NEW INDIA ASSURANCE CO. THRIPURI BUILDINGS, EAST NADAKKAVU, CALICUT. ADV. SRI.JACOB ABRAHAM ADV. SRI.M.RAJAGOPALAN FOR R3 ADV. SRI.RAJIT FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAM DAY DELIVERED THE FOLLOWING: Rs/ J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.F.A. No. 399 of 2003 --------------------------------------- Dated this the 7th day of July, 2008 Judgment Koshy,J. Husband of the first appellant sustained fatal injuries in an accident on 27.9.1994. He succumbed to the injuries on 24.10.1994 after suffering for about a month. His wife, three minor children aged between 3 to 12 and mother applied for compensation claiming an amount of Rupees Five lakhs. Total compensation awarded by the tribunal is only Rs.2,38,755/-. The only dispute is regarding the quantum of compensation. The tribunal found that the accident occurred due to the negligence of the second respondent driver of the lorry owned by the first respondent and insured by the third respondent insurance company. The deceased was aged 40. According to the claimants, the deceased was getting Rs.150/- per day and his monthly income was Rs.4,500/-. PW2, a co- worker, was examined stating that he was getting Rs.150/- per day. He was a loading worker and there will be work everyday. The tribunal did not accept the same and fixed only Rs.15,000/- as the annual notional income and after deducting one-third for personal M.F.A.No. 399/2003 2 expenses loss of dependency was fixed at Rs.10,000/- per year. He was a headload worker and an able-bodied man. He was maintaining his family and was the only earning member in the family. Being a headload worker, he will get at least Rs.100/- per day and he will have work for at least 25 days in a month. So, we fix Rs.2,500/- as the monthly income (Rs.30,000/- as the annual income). Therefore, after deducting one-third, Rs.20,000/- is the loss of dependency per year. The tribunal has fixed 15 as the multiplier. For a motor accident victim aged 40 and 45, apt multiplier is 15 under the second schedule. Deceased was aged 40 at the time of accident. Therefore, taking guidance from the second schedule, we are of the opinion that 15 multiplier taken by the tribunal needs no interference. If that be so, compensation payable will be Rs.3,00,000/-. The tribunal has fixed Rs.1,50,000/-. Therefore, claimants will be entitled to an additional amount of Rs.1,50,000/-, The tribunal has granted just and reasonable compensation under other heads. The additional amount of Rs.1,50,000/- 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, Rs.20,000/- should be disbursed to the fifth respondent mother and out of the balance amount, 25% M.F.A.No. 399/2003 3 shall be disbursed to the first appellant widow. 33% of the balance amount shall be disbursed to the second appellant and balance amount should be deposited in the name of third and fourth appellants in a nationalised bank enabling them to withdraw the amount in equal shares when they attain the age of 21 or at the time of their marriage whichever is earlier. The appeal is disposed of as above. J.B.Koshy Judge P.N.Ravindran Judge vaa M.F.A.No. 399/2003 4 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.F.A. No. 399 of 2003 ------------------------------------- Judgment Dated:7th July, 2008