IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 MACA.No. 984 of 2004() --------------------------------- OPMV.1395/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ------------------- JAGANATHAN, PILLARKOVIL THERUVU, AYYAPURAM BHAGAM, ALAKAPPAPURAM KARA, THENKASI VILLAGE, THIRUNALVELI. BY ADV. SRI.K.A.HASSIM RESPONDENTS: RESPONDENTS(4TH RESPDT.WAS THE ADDL.RESPDT.IN OP): ------------------------ 1. BIJU @ C.P.R., KIZHAKETHIL @ KIZHAKEL HOUSE, NEAR KURISUPARA JN., -DO- KARA, ANAVIRATTI VILLAGE, ADIMALI, IDUKKI. 2. JOSEPH MATHEW, THOPPIL HOUSE, CHANGANACHERRY. 3. THE ORIENTAL INSURANCE CO. LTD., CHANGANACHERRY. 4. THANKACHAN GEORGE, S/O. GEORGE, VALLATHADATHIL HOUSE, KOTHANALLOOR P.O. ADV. SRI.ROY VANCHIPURACKAL FOR R4 SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.A.C.A.No.984 of 2004 ===================== Dated this the 2nd day of July, 2008. JUDGMENT Koshy,J. The appellant filed an application before the Motor Accident Claims Tribunal for compensation contending that his father sustained fatal injuries in an accident due to the negligence of the first respondent driver of the jeep owned by the second respondent insured by the third respondent - Insurance Company. Against a claim of Rs.4 lakhs, the Tribunal awarded only an amount of Rs.1,42,500/- and directed the third respondent - Insurance Company to deposit the amount. The only dispute is regarding the quantum of compensation. 2. According to the appellant, the deceased was a tin sheet dealer and he was earning Rs.4,500/- per month. It appears that he was collecting old tin sheets from houses and selling the same. No evidence regarding his income was produced. The Tribunal has fixed only a notional income of Rs.1,500/- per MACA 984/04 -: 2 :- month for the calculation of compensation. As per the 2nd Schedule framed in 1994, Rs.15,000/- is fixed as the notional annual income for a non-earning person. The deceased was an earning person. He was aged 46 at the time of death and he was earning his livelihood by his own work. The Apex Court held that even for the death of a house wife without any earnings, while calculating compensation Rs.3,000/- can be taken as the income (see Lata Wadhwa and others v. State of Bihar and Others - (2001) 8 SCC 197). Here, the deceased was 46 years old and the accident occurred in 2000. Taking into account the above circumstances, we fix the monthly income as Rs.2,000/- and therefore yearly income will be Rs.24,000/-. After deducting 1/3rd, Rs.16,000/- is the loss of dependency. Considering the fact that he was 46 years old, taking the guidance from the 2nd Schedule, the Tribunal has fixed 13 as the multiplier. We see no ground to change the same. The compensation for loss of dependency will be Rs.2,08,000/-. The Tribunal has granted Rs.1,30,000/-. Therefore, additional compensation will be Rs.78,000/-. We are of the opinion that the amounts awarded under other heads are just and reasonable. MACA 984/04 -: 3 :- 3. The additional amount of Rs.78,000/- should be deposited by the third respondent - Insurance Company with 7% interest from the date of application till its deposit. On deposit of the amount, the appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 10/7