IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 MFA.No. 488 of 1994() ------------------------------ OPMV.657/1989 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANTS/ PETITIONERS ------------------- 1. K.M.CHIRUTHAIKUTTY, W/O. LATE APPANU NAMBIAR, AGED 60, RETIRED TEACHER. 2. K.M.SHANTHA KUMARI, W/O. K.KUNHANANDAN NAMBIAR, AGED 40, NO OCCUPATION. 3. K.M.THULASSI GAYATHRI, W/O. BALAKRISHNAN NAMBIAR, AGED 37 YEARS, TAILOR. 4. K.M.HARIDASAN, S/O. APPANU NAMBIAR, AGED 35 YEARS, GOLDSMITH. 5. K.M.VENUGOPAL, S/O. APPANU NAMBIAR, AGED 30 YEARS, GOLDSMITH. (PETITIONERS ARE RESIDING AT VALIYANNUR AMSOM VARAM DESOM, P.O. VARAM 670 594.) BY ADV. SRI.M.RAMESH CHANDER SRI.M.S.MANIKANDAN RESPONDENTS: RESPONDENTS ----------------------- *1. MANGALADAN MUHAMMED, S/O. MAMMI, AGED 24 YEARS, PAZHASSI AMSOM, PERINCHERRY DESOM (DELETED). *2. I.N.RAJAGOPAL, S/O. M.V.V. RAJA, STELLADAR, OLAVAKKODE, PALGHAT. (DELETED) M.F.A. NO.488/1994 3. UNITED INDIA INSURANCE CO., CANNANORE. 4. K.M.SHYAMALA D/O. APPANU NAMBIAR, AGED 32 YEARS, VALIYANOOR AMSOM VARAM DESOM. * R1 AND R2 DELETED FROM THE PARTY ARRAY AS PER ORDER DT. 8.6.06 IN IA. NOS. 1026 AND 1027/2006. BY ADV. M.S.PATTALI. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- M.F.A.NO.488 OF 1994 ---------------------------------------------------- Dated this the 30th day of May, 2008. JUDGMENT Koshy, J: A 79 year old man died in a motor accident due to the negligence of the driver of the vehicle insured by the 3rd respondent insurance company. The accident occurred 0n 17.2.1989. The total compensation awarded was only Rs.25,500/=. Compensation awarded for loss of dependency was only Rs.5000/=. Rs.15,000/= w as awarded for pain and sufferings, Rs.1,000/= for funeral expenses and Rs.3,000/= was awarded for medical expenses. Claimants were the wife and children of the deceased. Light amount of Rs.5,000/= was awarded only because children were not dependents and the wife was 60 years old. According to the claimants, the deceased was managing the family properties and his monthly income was Rs.1,500/=. In 1994 when the 2nd schedule was framed, the annual income of a non earning person was fixed as Rs.15,000/=. Here, the accident occurred in 1989. So, only Rs.9,000/= can be fixed as notinal annual income. After deducting one third, Rs.6,000= can be fixed as loss of dependency M.F.A.No.488/1994. . 2 to the wife. Considering the age of the 1st claimant as well as the deceased, 5th is the multiplier as per the 2nd schedule. Therefore, compensation payable for loss of dependency will be Rs.30,000/=. The compensation awarded for loss of dependency and death was only Rs.5,000/=. Therefore, the 1st appellant/claimant is entitled to an additional amount of Rs.25,000/= than that is awarded by the Tribunal. The above mentioned Rs.25,000/= should be deposited by the 3rd respondent insurance company with 7% interest from the date of application till the deposit. On deposit of the amount, the 1st appellant is allowed to withdraw the amount. J.B. KOSHY, JUDGE P.N. RAVINDRAN, JUDGE. cl M.F.A.No.488/1994. . 3 J.B. KOSHY & P.N. RAVINDRAN, JJ. M.F.A.NO.488 OF 1994 JUDGMENT 30th day of May, 2008.