IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 MACA.No. 44 of 2005() --------------------- OPMV.1504/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANTS:PETITIONERS: -------------------------------------------- 1. LINCY MOL, W/O.LATE MAVIS C.LOUIS, CHOVALLOOR VEEDU, VENNAKKARA P.O., PALAKKAD. 2. VENUS MARY MAVIS, AGED 7 YEARS, D/O.LATE MAVIS C.LOUIS, CHOVALLOOR VEEDU, VANNAKKARA P.O., PALAKKAD. 3. LOUIS, CHOVALLOOR VEEDU, VENNAKKARA P.O., PALAKKAD. 4. MARY, W/O.LOUIS, DO. DO. (MINOR APPELLANT NO.2 REPRESENTED BY GUARDIAN AND NEXT FRIEND, THE MOTHER-1ST APPELLANT). BY ADV. SRI.C.RAGHAVAN RESPONDENTS:RESPONDENTS: -------------------------------------------------- 1. R.MANIKANDAN, S/O.RAMAN EZHUTHASSAN, VADAKKE VEEDU, THENKURUSSY, KANNADI VILLAGE, PALAKKAD. 2. P.V.DAMODARAN NAIR, RAMA NIVAS, EDAYAR STREET, PALAKKAD. 3. NEW INDIA ASSURANCE CO.LTD., T.B.ROAD, PALAKKAD. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & V.K.Mohanan, JJ. -------------------------------------- M.A.C.A. No. 44 of 2005 --------------------------------------- Dated this the 7th day of October, 2008 Judgment Koshy,J. A 25 year old youngster sustained fatal injuries in a motor accident on 9.10.1997. His wife, minor child and aged parents approached the Motor Accidents Claims Tribunal for a compensation of Rs.11,52,500/-. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company and third respondent insurance company was directed to deposit the total amount of Rs.2,38,500/- with interest. Quantum of compensation alone is disputed in the appeal. It is submitted that deceased was a B.Sc. degree holder and certificate holder in Electrician course. Ext.A6 shows that he obtained a certificate in Electrician trade. It is the contention of the appellant that he was the manager of Angel Curry Powder company and his monthly income was Rs.7,000/-. But, no evidence was adduced to show that he was getting Rs.7,000/- per month. In the absence of evidence, the Tribunal fixed only Rs.1,500/- as the monthly income. He was a graduate and M.A.C.A.No.44/2005 2 certificate holder in Electrician course. His future prospects also cannot be ignored. Considering the educational qualification and job he was having, we are of the opinion that at least Rs.3,000/- ought to have been fixed as the monthly income and one-third has to be deducted and Rs.2,000/- can be fixed as the monthly loss of dependency to the family. It is contended that the multiplier of 17 fixed by th Tribunal is very low. The Apex Court in various decisions held that a highest multiplier should be fixed to the motor accident victim aged between 20 and 25. He died in the prime age. He has left behind his young wife and minor child aged only four months at the time of accident apart from the aged parents. It is also submitted that considering the increase in life span, a higher multiplier should be taken. However, we are of the opinion that the multiplier of 17 fixed by the tribunal requires no interference taking guidance from the second schedule. If that be so, compensation for loss of dependency will be Rs.2,000 x 12 x 17 = Rs.4,08,000/-. The Tribunal has awarded Rs.2,04,000/- under this head. Therefore, claimants are entitled to an additional amount of Rs.2,04,000/-. It is submitted that compensation granted under other heads are very meagre. However, considering the total amount granted, we are not enhancing any amount under other heads. Therefore, the M.A.C.A.No.44/2005 3 additional amount of Rs.2,04,000/- should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit. On deposit of the above, a consolidated amount of Rs.10,000/- each is allowed to be withdrawn by the third and fourth appellants, father and mother of the deceased. Out of the balance amount, 50% is allowed to be withdrawn by the first respondent widow and 50% of the amount should be deposited in a nationalised bank in the name of second appellant enabling her to withdraw the amount at the age of 21 or at the time of her marriage whichever is earlier. Appeal is allowed to the above extent. J.B.Koshy Judge V.K.Mohanan Judge vaa M.A.C.A.No.44/2005 4 J.B. KOSHY AND V.K.Mohanan,JJ. ------------------------------------- M.A.C.A. No.44/2005 ------------------------------------- Judgment Date:7th October,2008