IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 MFA.No. 261 of 2001() --------------------- OPMV.1529/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANTS: PETITIONERS; ----------- 1. M.T.UNEEN, S/O. ALAVI, 2. KADEEJA, W/O. UNEEN, 3. BUSHARA, D/O. UNEEN, 4. ALIEMA, D/O. UNEEN, ALL ARE RESIDING AT MANGALAMTHODI VEEDU, ANDIPPADAM, MANNARKKAD. BY ADV. SRI.T.M.SUNIL SMT.S.CHITHRA RESPONDENTS: RESPONDENTS: ------------- 1. A.SUNDARALINGAM, S/O. ARUMUGHAN, 929/7, ARAVIND NAGAR, SEKHARIPURAM, PALGHAT. 2. P.S.KANNAPPAN, S/O. SANKARAN, PUTHAN VEEDU, KADUKKAMKUNNU, PALGHAT. 3. UNITED INDIA INSURANCE CO. LTD., PALGHAT. BY ADV. SRI.P.MURALEEDHARAN FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 9-1-2008 , THE COURT ON 09/01/2008 DELIVERED THE FOLLOWING: J.B. Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A. No. 261 of 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of January,2008 JUDGMENT Koshy, J. A driver of the jeep sustained fatal injuries in a motor accident on 11-8-1996. His parents and unmarried sisters filed application for compensation claiming an amount of Rs.5 lakhs. The tribunal awarded only Rs.1,81,000/- along with interest and costs after finding that the accident occurred due to the negligent driving of the 2nd respondent and the offending vehicle was owned by the 1st respondent and insured by the 3rd respondent. Only quantum of compensation is disputed in the appeal. 2. Deceased was aged as 22. It is argued that considering the age, maximum multiplier of 18 shall be taken for calculation of compensation. But deceased was unmarried. His father was aged 48 and mother was aged 40. His younger unmarried sisters were aged 20 and 18. It is submitted that he was the only earning member of the family. However, since he was unmarried at the time of the accident, MFA 261/2001 2 we are of the view that multiplier 13 requires no interference. Admittedly the deceased was a professional driver of the jeep. He was having proper licence and badge at the time of the accident. According to the claimants, he was getting Rs.200/- per day. The tribunal has taken only Rs.1,500/- as the monthly income. Considering the fact that he was a jeep driver, we are of the opinion that the tribunal at least Rs.100/- can be fixed as the daily income of the deceased. He may get 25 to 26 days work and his monthly income will be more than Rs.2,500/-. If that be so, after taking personal expenses, the monthly loss of dependency to the family can be fixed as Rs.1,650/-. If that be so, the compensation will be 1,650 x 12 x 13 = Rs.2,57,400/-. The tribunal has taken only Rs.1,56,000/- for the loss of dependency. Therefore, the claimants will be entitled to get additional amount of Rs.1,01,400/- over and above the amount awarded by the tribunal. Sufficient compensation was awarded under all other heads. The additional amount of Rs.1,01,400/- should be deposited by the 3rd respondent Insurance Company with 7.5 % interest from the date of application till its deposit. Out of the above amount Rs.15,000/- each is MFA 261/2001 3 allowed to be withdrawn by appellants 3 and 4 and balance amount is allowed to be withdrawn appellants 1 and 2 in equal proportion. The appeal is allowed as above. J.B. Koshy, Judge. K. Hema, Judge. mn.