IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 MACA.No. 1117 of 2006() ----------------------- OPMV.1383/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANTS/PETITIONERS 1 & 2: --------------------------------------------------- 1. P.K.VIMALA, AGED 43 YERAS, W/O.LATE P.K.RAMANKUTTY, RESIDING AT VADAKKETHEVAR KARIYATTIL HOUSE, P.O.THALAKOLATHUR, KOZHIKODE. 2. P.K.ROSHINI, AGED 23 YEARS, D/O.LATE P.K.RAMANKUTTY, RESIDING AT VADAKKETHEVAR KARIYATTIL HOUSE, P.O.THALAKOLATHUR, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS: RESPONDENTS 1 AND 3: -------------------------------------------------------------- 1. N.R.HARIF, S/O.LATE K.P.MOHAMMED KOYA, 1/1057, MUMTAZ HOUSE, KANAKALAYA BANK CROSS ROAD, WEST HILL, KOZHIKODE. 2. THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, II, THRIPURI BUILDINGS, EAST NADAKKAVU, KOZHIKODE. ADV. SRI.M.RAJAGOPALAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & THOMAS P.JOSEPH, JJ. -------------------------------------- M.A.C.A.No.1117 OF 2006 ------------------------------------- Dated 3rd September, 2008 JUDGMENT Koshy,J . A man aged 55 sustained injuries in an accident on 18.5.1996 and succumbed to the injuries on the spot. His wife and daughter claimed compensation alleging negligence on the driver of the vehicle insured by the third respondent insurance company. Insurance company admitted the liability. The total compensation awarded was only Rs.1,37,750/= against a claim for Rs.5,00,000/=. Only quantum of compensation is disputed in this appeal. According to the claimants, the deceased was a businessman earning Rs.3,000/= per month. The Tribunal has taken only Rs.15,000/= as the notional annual income. According to the Tribunal, even though it was claimed that the deceased was a stationery merchant, Ext.A4 would show that he was a petty trader dealing in beedi, cigarette etc. He was maintaining a family. In the second schedule, even for a non-earning person Rs.15,000/= is fixed as the notional annual income. Even if the deceased was earning Rs.100/= per day, for 25 days he would have got Rs.2,500/=, that means, Rs.30,000/= per year. After deducting one third for personal expenses, the loss of dependency will be Rs.20,000/= per year. The Tribunal has MFA.15/2003 2 taken 11 as the multiplier. Considering the second schedule, we are of the opinion that no enhancement in multiplier is necessary. If that be so, compensation payable for loss of dependency will be Rs.2,20,000/= (20000 x 11). The Tribunal has awarded only Rs.1,10,000/= under this head. Therefore, the additional compensation payable for loss of dependency will be Rs.1,10,000/=. We are of the opinion that the compensation awarded under other heads are just and reasonable and we are not enhancing the same. The above additional amount of Rs.1,10,000/= should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit, over and above the amount decreed by the Tribunal. Since the accident occurred in 1996, on deposit of the additional compensation, the appellants are allowed to withdraw the same in equal proportion. The appeal is partly allowed. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks