IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 MACA.No. 1842 of 2006() ----------------------- OPMV.2580/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. RAJANI, W/O.LATE SUNESH. 2. DIL SUNESH (MINOR), S/O.LATE SUNESH. 3. SAROJINI, MOTHER OF LATE SUNESH. (SECOND APPELLANT REP. BY HIS GUARDIAN MOTHER THE FIRST APPELLANT HEREIN) ALL ARE RESIDING AT NARAYAMPULLY HOUSE, P.O.ELAVALLY, THRISSUR. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SRI.SREEKANTH.K.R SRI.JIBU P THOMAS SRI.SUNIL J.CHAKKALACKAL RESPONDENT(S): RESPONDENTS --------------- 1. GEETHA, W/O.SUBRAMANIAN, RESIDING AT KUNDUPURATH HOUSE, P.O.MATTOM, THRISSUR DISTRICT. 2. RAVI, S/O.KARAPPAN, RESIDING AT KINDANGOOR HOUSE, PUTHUSSERY, KANIPPAYOOR, THRISSUR DISTRICT. 3. THE UNITED INDIA INSURANCE COMPANY LTD., KUNNAMKULAM, THRISSUR DISTRICT. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.1842 of 2006 -------------------------------------- Dated this the 25th day of November, 2008. JUDGMENT Thomas P.Joseph, J. Appellants are the legal heirs of the deceased, a gulf returnee who succumbed to the injuries at the age of 26 in a motor accident on 19.7.2001. Deceased was riding his motor cycle. The bus driven by the second respondent in rash and negligent manner as found by the Tribunal, hit him inflicting fatal injuries on him. As against Rs.9 lakhs claimed as compensation, Tribunal awarded Rs.5,39,000/-. According to the appellants, they are entitled to get enhanced compensation, and preferred this appeal. 2. Heard counsel for appellants and contesting respondent. 3. Point for consideration is whether appellants are entitled to get enhanced compensation. 4. The Po int. It is proved that the deceased was aged 26 years at the relevant time. First appellant , the widow was aged 23 years while the second appellant, their son was aged only 11 months at the time of accident. Third appellant is the mother of the deceased. According to the appellants, deceased after working in the gulf for several years had returned to his native place and engaged himself in the business of renting cars and was earning at the rate of Rs.6,000/- per MACA No.1842/2006 2 month. In proof of that, they produced Exts.A8 series and Ext.A9. Ext.A8 series are the registration certificates of four motor cycles and a car in the name of the deceased and Ext.A9 is a copy of lease agreement. These documents are produced to show that the deceased was engaged in the business stated by the appellants. Tribunal fixed the monthly income of the deceased at Rs.3,000/-. It is contended that the monthly income fixed is low. 5. Ext.A8 series and Ext.A9 would show that deceased was engaged in the business of renting vehicles on hire. Though, the precise income therefrom is not proved by documentary evidence, we are inclined to take into consideration the fact that the deceased had returned from abroad leaving his work there, obviously because he thought that he could earn more at his native place. We also taking into account the fact that deceased was maintaining a family consisting of wife, son and mother. Possible future income has also to be taken into account. Considering these aspects, we are inclined to fix the monthly income of the deceased at Rs.4,000/-. 6. Considering the age of the deceased, Tribunal took '18' as the multiplier which we find no reason to interfere. On the basis that monthly income of the deceased is Rs.3,000/- and less one third for his personal expenses, Tribunal awarded Rs.3 lakhs as compensation for loss of dependency and contribution. We have re-fixed the monthly income at Rs.4,000/- which brings his annual income at Rs.48,000/- and less one third for his personal expenses, MACA No.1842/2006 3 yearly contribution to the family is Rs.32,000/-. Taking 18 as the multiplier, compensation payable for loss of dependency and contribution comes to Rs.5,76,000/-. Less Rs.3 lakhs already awarded by the Tribunal, the additional compensation payable on that count is Rs.2,76,000/- 7. Though it is contended by the learned counsel that compensation awarded on other counts are also low, on going through the award and considering the evidence as well as all the attending circumstances we are not persuaded to accept that contention. Thus, the additional compensation payable to the appellants is Rs.2,76,000/-. That amount will carry interest at the rate of 7.5% per annum from the date of application till realization. This Appeal therefore, is allowed in part. Over and above the compensation awarded by the Tribunal, appellants are allowed to realise a further sum of Rs.2,76,000/- (Rupees Two lakhs, seventysix thousand only) with 7.5% interest per annum from date of application till realisation from respondents 1 to 3, jointly and severally. Third respondent being the insurer of the offending vehicle is directed to deposit that amount in the Tribunal. On such deposit, the amount will be shared by the appellants in the ratio directed by the learned Tribunal. On such deposit, the share of the second appellant will be deposited in his name in a nationalized bank till he attained majority. Half of the share of the first appellant will be deposited in a nationalised bank for a period of three years. The share of the third appellant and half of the share of the first appellant are MACA No.1842/2006 4 allowed to be withdrawn. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks