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 27TH AUGUST 2008 / 5TH BHADRA 1930 MACA.No. 30 of 2006() --------------------- OPMV.182/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANTS/PETITIONER: -------------------------------- 1. RAJAMMA, W/O.LATE SIVADASAN, PUTHENVEETTIL HOUSE, ARAKULAM.P.O., ARAKULAM. 2. P.S.VISHNU DAS, AGED 8 YEARS, S/O.LATE SIVADASAN, REP.BY HIS NEXT FRIEND AND - MOTHER RAJAMMA, W/O. LATE SIVADASAN, PUTHENVEETTIL HOUSE, ARAKULAM P.O. 3. P.S.AMAL DAS, AGED 3 YEARS, S/O.LATE SIVADASAN, REP. BY HIS NEXT FRIEND AND- MOTHER RAJAMMA, W/O.LATE SIVADASAN, PUTHENVEETTIL HOUSE, ARAKULAM.P.O. BY ADV. SRI.SAIGI JACOB PALATTY RESPONDENTS/RESPSONDENTS: -------------------------------------- 1. JOHN T.KURIAKOSE @ SHAJAN, THEKKEKUNNEL HOUSE, KADAVOOR VILLAGE, PUNNAMATTAM KARA. 2. NAREDRANATHAN, S/O.NARAYANAN NAIR, MUNDAMATTATHIL HOUSE, THODUPUZHA KARA, THODUPUZHA. 3. THE MANAGER, NEW INDIA ASSURANCE COMPANY LTD, MUVATTUPUZHA BRANCH. 4. VALLIYAMMAL, AGED 60 YEARS, M/O.LATE SIVADASAN, NOW RESIDING AT PUTHENVEETTIL HOUSE, ARAKULAM P.O., ARAKULAM. BY ADV. SRI.K.V.GOPINATHAN NAIR FOR R2 SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 SRI.M.V.SABU FOR R4 SRI.P.M.RAFEEK FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ------------------------------- M.A.C.A.NO.30 OF 2006 (A) ----------------------------------- Dated this the 27th day of August, 2008 J U D G M E N T KOSHY,J. Husband of the 1st appellant died in a motor accident on 15.1.2000. The Tribunal found that the accident occurred due to the negligence of the 1st respondent, driver of the vehicle, insured by the 3rd respondent Insurance company. However, against a claim of Rs.10 lakhs, Tribunal awarded only an amount of Rs.2,84,000/-. According to the claimants, deceased was working as a rubber tapper as well as an agent of the Life Insurance Corporation. No evidence was adduced before the Tribunal regarding the commission earned by the deceased while working as an agent of L.I.C. In the absence of any data or evidence, the Tribunal fixed only Rs.2,000/- as the monthly income. Along with the appeal, a photocopy of the statement issued by the L.I.C, which was produced as Annexure I, shows that he was getting a commission of MACA.30/06 2 Rs.48,352.84 during the financial year 1999-00. According to the learned counsel for the Insurance company, the above document is not proved. In any event, even if that is accepted, he cannot work as a full time rubber tapper and a full time agent of the L.I.C. If a fresh policy is taken in 1995-96, 1996-97, 1997-98 and 1998-99, he will continue to get part of the commission even if he is canvassing in the subsequent years. But along with his tapping works, he was also working as an L.I.C. agent. He was 39 years old and was maintaining a family. Taking guidelines from the 2nd Schedule, 16 is the apt multiplier. Even if he was only a rubber tapper and if minimum wages was taken, he will get about Rs.150/- per day. Therefore, we are of the opinion that atleast Rs.3,000/- can be taken as the monthly income. If that be so, after deducting 1/3 rd towards personal expenses, Rs.2,000/- can be taken as the monthly contribution to the family. If that be so, compensation payable will be Rs.2,000 x 12 x 16 = Rs.3,84,000/-. Tribunal has awarded only Rs.2,56,000/-. Therefore, additional compensation payable will be Rs.1,28,000/-. We are of the view that just and reasonable MACA.30/06 3 compensation was awarded under other heads. The above amount of Rs.1,28,000/- should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit over and above the amount decreed by the Tribunal. On deposit of the amount, it can be disbursed to the claimants as directed by the Tribunal. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th August, 2008