IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 MFA.No. 510 of 2003(A) ---------------------- OPMV.830/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: PETITIONERS: ----------------------------------------- 1. MEENA KANNAN, W/O.KANNAN. 2. RAMAN, F/O.KANNAN. * 3. GOURI, S/O.RAMAN. (DIED) * IT IS RECORDED THAT THE 3RD APPELLANT GOURI, W/O.RAMAN IS DEAD AND HER LEGAL HEIRS ARE THE REMAINING APPELLANTS ONLY AS PER ORDER DTD. 19/02/2008 . 4. DHEERAJ KUMAR (MINOR), S/O.LATE KANNAN. (MINOR 4TH APPELLANT REPRESENTED BY HIS GUARDIAN MOTHER THE 1ST APPELLANT). ALL ARE RESIDING AT KOLLIKKATHARA HOUSE, MADAVANA, ERIYAD P.O., THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH RESPONDENTS: RESPONDENTS: ------------------------------------------------ 1. C.N.SHAJI, RESIDING AT CHANDUVINKADA HOUSE, P.O.THATHAPPILLY, N.PARAVOOR, ERNAKULAM DISTRICT. 2. PARTHEEP, S/O.THANKAPPAN, RESIDING AT KALLUCHIRAYIL HOUSE, P.O.EZHIKKARA, N.PARAVOOR, ERNAKULAM. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, N.PARAVOOR, ERNAKULAM DISTRICT. R2 BY ADV. SRI.K.A.JALEEL R3 BY ADV. SRI.M.A.HAKIM SHAH THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.510 OF 2003 ------------------------------------- Dated 19th February, 2008 JUDGMENT Koshy,J . A young man aged 34 sustained fatal injuries in a motor accident on 12.5.1997 and died on 22.7.1997. Contending that the accident occurred due to the neglegence of the second respondent driver of the lorry owned by the first respondent and insured by the third respondent, legal representatives (his wife, minor child and parents) filed an application claiming a compensation of Rs.8,00,000/=. Tribunal awarded only Rs.3,67,800/=. Only quantum of compensation is disputed in this appeal. 2. The deceased died after two and a half months' treatment. Only Rs.10,000/= was awarded for pain and suffering, Rs.90,000/= for treatment expenses, Rs.10,000/= for love and affection, Rs.2,44,800/= for loss of dependency etc. The main dispute is regarding the compensation awarded for loss of dependency. According to the claimants, deceased was a workshop owner earning an amount of Rs.5,000/= per month. Tribunal has taken only Rs.1,800/= as the monthly income. Even if he was a workshop employee, he would have MFA.510/2003 2 earned about Rs.100/- to Rs.150/= per day and he might have got 25 to 27 days' work in a month. The accident occurred in 1997. Taking these facts, the Tribunal ought to have taken Rs.2,500/= as the monthly income and after deducting about one third for personal expenses, Rs.1,650/= ought to have been taken as the multiplicand. Tribunal has taken 17 as the multiplier. Even though it was argued that considering the decrease in interest rate and increase in life expectancy, a higher multiplier should be taken, takiang guidance from the second schedule, we are not increasing the multiplier. If that be so, compensation payable will be Rs.3,36,600/= (1,650 x 12 x 17). Tribunal awarded only Rs.2,44,800/= for loss of dependency. Hence, the balance amount payable will be Rs.91,800/= on this count. Considering the total amount granted, in spite of the argument that compensation granted for pain and suffering was very low, we are not increasing the same. The above amount of Rs.91,800/= should be deposited by the third 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, Rs.10,000/= is allowed to be withdrawn by appellant No.2 (father). Out of the balance amount, 50% is allowed to the withdrawn by the first appellant widow and balance should be deposited in a MFA.510/2003 3 Nationalised Bank enabling the fourth appellant to withdraw the same at the age of 21. The appeal is partly allowed. J.B.KOSHY JUDGE K.HEMA JUDGE tks