IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 MFA.No. 395 of 2003() --------------------- (AGAINST ORDER DATED 05/06/2002 IN OPMV.1001/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM) .................... APPELLANT: CLAIMANTS -------------------- 1. THANKAMMA VARGHESE M/O.DECEASED WILSON VARGHESE, EDATHARA HOUSE, PICHANETTUKULAM VAKATHANAM, KOTTAYAM DISTRICT, PRESENTLY RESIDING AT FLAT NO.137, RAILWAY QUARTERS, POOJAPPURA, THIRUVANANTHAPURAM. 2. EM.VARGHESE F/O.DECEASED WILSON VARGHESE RESIDING AT FLAT NO.137, RAILWAY QUARTERS, POOJAPPURA, THIRUVANANTHAPURAM. 3. PREETHA VARGHESE, SISTER OF DECEASED WILSON VARGHESE, RESIDING AT FLAT NO.137, RAILWAY QUARTERS, POOJAPPURA, THIRUVANANTHAPURAM. (MINOR REPRESENTED BY 1ST APPELLANT) BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENTS: RESPONDENTS ------------------------ 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, CHIEF OFFICE, THIRUVANANTHAPURAM. 2. G.GOPAKUMAR, S/O. GANGADHARAN NAIR, SARASWATHI SADANAM, ESTATE P.O., PAPPANAMCODE, THIRUVANANTHAPURAM. BY ADV. SMT.S.K.DEVI FOR R2 SRI.K.P.PRADEEP (PAYYANNUR) FOR R2 SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 SRI.K.PRABHAKARAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.F.A. No. 395 of 2003 --------------------------------- Dated, this the 14th day of July, 2008 J U D G M E N T Ramachandran Nair, J. Heard learned counsel for the appellants and learned standing counsel appearing for the KSRTC. 2. The only son of petitioners 1 & 2, who is brother of 3rd petitioner, was crushed to death on a bridge side at Thiruvananthapuram by a KSRTC bus driven by 2nd respondent. MACT allowed the claim and a total compensation of Rs.1,71,000/- was awarded to the appellants under various heads. Learned counsel for the appellants pointed out that loss of dependency was wrongly calculated in as much as the multiplier adopted is 13 as against 15 applicable under the 2nd schedule to the Motor Vehicles Act. We find force in this contention. As far as the other matters are concerned, we feel, the Tribunal is justified in assuming marriage of the deceased later in life had he been alive and reduction in dependency. We, therefore, modify the award by increasing the compensation for loss of dependency as follows : Instead of compensation granted for 8 years for loss of MFA No.395/2003 -2- dependency, we increase the same to 10 years . Similarly, as against Rs.12,000/- taken as annual earning of the deceased for the compensation, we apply Rs.15,000/-, which is the amount provided under the 2nd schedule to the Act. Consequently, as against Rs.96,000/- awarded, the appellants will get Rs.1,50,000/-. The dependency after the first 10 years worked out by the Tribunal at Rs.6,000/- per annum will stand confirmed. No other modification in the award is called for. KSRTC will deposit the additional compensation with interest @ 7.5% from the date of application till date of deposit. The appeal will stand allowed to the above extent. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg