IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 MFA.No. 883 of 2002(B) -------------------------------- OP(MV).533/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANTS: PETITIONERS ---------------------- 1. DARIYA W/O. TITUS (LATE) NEDUVILAKIZHAKKETHIL, KARIKUZHI, PERAYAM, PADAPPAKKARA P.O., KOLLAM. 2. DIANA (MINOR) D/O. TITUS (LATE) REPRESENTED AS GUARDIAN AND NEXT FRIEND BY MOTHER DARIYA/1ST APPELLANT, NEDUVILAKIZHAKKETHIL, KARIKUZHI, PERAYAM, PADAPPAKKARA P.O., KOLLAM. 3. DISNA (MINOR), D/O. TITUS (LATE) REPRESENTED AS GUARDIAN AND NEXT FRIEND, BY MOTHER DARIYA/1ST APPELLANT, NEDUVILAKIZHAKKETHIL, KARIKUZHI, PERAYAM, PADAPPAKKARA P.O., KOLLAM. 4. JOSEPHEENA, M/O. TITUS(LATE) NEDUVILAKIZHAKKETHIL, KAIRIKUZHI, PERAYA\, PADAPPAKKARA P.O., KOLLAM 5. DALIYA, D/O. TITUS (LATE) REPRESENTED AS GUARDIAN AND NEXT FRIEND BY MOTHER DARIYAL/1ST APPELLANT, NEDUVILAKIZHAKKETHIL, KARIKUZHI, PERAYAM, PADAPPAKKARA P.O., KOLLAM. BY ADV. SRI.P.VIJAYAKUMAR RESPONDENTS: RESPONDENTS ------------------------ 1. S.SHEREEF S/O. SULAIMAN RAWTHER, DRIVER & OWNER OF LORRY NO.KL-2-4665, THATTANTAZHIKATHU VEEDU, PERAYAM, UNAYANALLOOR P.O KOLLAM. 2. UNITED INDIA INSURANCE CO.LTD., THENKASI ROAD, RAJAPALAYAM. 3. THRASIA, VAYALIL THEKKETHIL VEEDU, KANJIRANKODU, KUNDARA, KOLLAM. 4. UNITED INDIA INSURANCE CO.LTD., KOLLAM. R2 & R4 BY ADV. SRI.M.A.HAKIM SHAH THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 01/01/2008 ,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K.Hema, JJ. -------------------------------------- M.F.A.No. 883 of 2002 --------------------------------------- Dated this the 1st day of January, 2008 Judgment Koshy,J. Husband of the first appellant died in a motor accident. While he was driving a taxi car, lorry driven by first respondent in a rash and negligent manner hit the car. As a result of the accident, he received fatal injuries and he was rushed to Sanker's Hospital, Kollam and from there to Medical College Hospital, Thiruvananthapuram, but, he died before reaching the destination. He left behind his wife, three minor children and aged mother and they filed application for compensation. All the three minor children were small girls. Fifth appellant was a new born child. Total amount awarded by the tribunal was only Rs.2,10,000/-. Only quantum of compensation is disputed in this appeal. 2. According to the claimants, the deceased was getting a monthly income of Rs.3,500/- as a professional taxi driver. He was also the Secretary of Taxi Drivers' Association and getting a stipend. Ext.A6 salary certificate shows that his fixed monthly income was Rs.2,000/-. Apart from that, he was getting batta and M.F.A.No.883/2002 2 allowances. He was a professional taxi driver with proper licence, badge etc. Rs.2,000/- was his fixed monthly income apart from the batta depending upon the number of kilometres he was driving. He was maintaining a large family. We are of the opinion that as a taxi driver, he may get Rs.100/- per day including fixed income and allowances and for 24 days, he will get work for at least 24 days and so Rs.2,400/- as monthly income. After deducting one-third for personal expenses, Rs.1,600/- can be fixed as the loss of family contribution. The tribunal has fixed 16 as the multiplier as he was aged 35 years. Taking second schedule as a guidance, we are aof the opinion that no enhancement is required in the multiplier. Therefore, compensation for loss of dependency to the family will be Rs.1600 x 12 x 16 = Rs.3,07,200/-. The tribunal has allowed only Rs.1,79,200/-. Therefore, the dependents are entitled to an additional amount of Rs.1,28,000/- over and above the amount decreed by the tribunal. The above amount of Rs.1,28,000/- should be deposited by the second respondent insurance company with 7.5% interest from the date of application till its deposit. Out of the above amount, Rs.10,000/- shall be paid to fourth appellant and balance amount is payable in equal proportion to the widow (1st appellant) and three daughters (2nd, 3rd and 5th appellants). The M.F.A.No.883/2002 3 share due to the first appellant can be disbursed immediately, on deposit. Amount due to appellant Nos.2, 3 and 5 (daughters) can be disbursed to them when they attain the age of 21 or at the time of their marriage whichever is earlier. Till that time, the amount should be deposited in a nationalised bank. The appeal is allowed in part. J.B.Koshy Judge K. Hema Judge vaa M.F.A.No.883/2002 4 J.B. KOSHY AND K.HEMA,JJ. ------------------------------------- M.F.A. No. 883 of 2002 ------------------------------------- Judgment Dated:18th December, 2007