IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MFA.No. 172 of 2003 ---------------------------------- OPMV.615/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANTS/PETITIONERS: 1. T.KUNHU LAKSHMI, W/O.LATE CHATHU, AGED 58 YEARS, THAMARRASSERY, KALLOLI PADANILAM P.O., ERNAHIPALAM, KOZHIKODE. 2. T.RADHA, D/O.CHATHU, AGED 30 YEARS, CHANDANAMPURATH HOUSE, CHEVAYUR, KOZHIKODE DT. 3. T.LAKSHMI, D/O.CHATHU, 30 YEARS, DO. DO. 4. T.RADHAKRISHNAN, S/O.CHATHU, AGED 34 YEARS, THAMARASSERY, CHAMPAYIL PARAMBA.P.O. WEST HILL, KOZHIKODE DT. 5. T.ANITHA, D/O.CHATHU, AGED 20, DO. DO. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS/RESPONDENTS: 1. JOY, S/O.JOSEPH, VAZHAYIL HOUSE, PADICHIRA P.O., PULPALLY, WAYANADU DT. 2. M/S.UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE-II, WESTERN COMPLEX, P.B.NO.192, KOZHIKODE. ADV. SMT.P.A.REZIYA,SC FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.F.A.No.172 of 2003 --------------------------------- JUDGMENT Balachandran, J. The first appellant is the widow and other appellants are the children of Chathu, who died in a motor accident. They claimed a total compensation of Rs.2,14,000/-. The Tribunal awarded only an amount of Rs.91,000/- with interest at 9% per annum payable by the second respondent Insurance Company, who have insured the offending jeep involved in the accident. The only claim in this appeal is for enhancement in compensation awarded by the Tribunal. Hence we are deciding that aspect alone. 2. The deceased was aged 60 at the time of the accident and is stated to be a timber broker as also a worker in the saw mill run under the name and style 'Raja Timbers'. He was earning a monthly income of Rs.1,500/-. The Tribunal did not accept the monthly income of Rs.1,500/-, but reduced it to MFA 172/03 2 the notional income of Rs.1,250/-. Even for a non person, notional income of Rs.1,250/- has to be taken as per the second schedule to the Motor Vehicles Act. It is not in dispute that the deceased was employed as a worker. Hence, it is only proper that Rs.1,500/- is accepted as the monthly income of the deceased. The Tribunal adopted only 5 as the multiplier taking into account the age of the deceased as 60 years. It is worthy to note that the deceased was just 60 years at the time of the accident. His wife, the first appellant was aged 58. It is submitted that the fifth appellant daughter of the deceased is still unmarried. Considering all the above circumstances and also the fact that even at the age of 60, the deceased was working and earning income and the entire family, consisting of five members, was being maintained by him, it was only proper that multiplier 6 was adopted rather than adopting blindly the guidance given in the second schedule MFA 172/03 3 which, in fact, is only a guideline. Hence, the dependency compensation to which the appellants would be entitled is Rs.72,000/- (1500 x 12 x 2/3 x 6). Tribunal has awarded only Rs.50,000/- on that count. Therefore, the appellants would be entitled to an additional amount of Rs.22,000/- on that count. 3. Tribunal has awarded only Rs.1,000/- towards transportation. It has to be borne in mind that the accident occurred on 5.9.1992 and from the scene of occurrence, the victim, who sustained grievous injuries was taken to Government Hospital, Kozhikode and from there he was referred to the Medical College Hospital, Kozhikode, where he under went treatment from 6.9.1992 to 18.9.1992 and after discharge from the said hospital also he continued his treatment from his house and succumbed to the injuries only on 17.2.1993. Obviously, he was having out patient consultation as well. Further, the dead body had to be transported in ambulance. MFA 172/03 4 Taking all these aspects into consideration, we enhance the amount to be paid as compensation towards transportation to Rs.5,000/-. Appellants would be entitled to get the balance amount of Rs.4,000/- as well. Towards medical expenses and bystanders expenses, the Tribunal has awarded Rs.2,000/- and Rs.2,500/- respectively. Considering the period of treatment undergone and the fact that the victim was laid up from 5.9.1992 till 17.2.1993, when he succumbed to the injuries, it was only proper that reasonable amount was awarded towards treatment expenses and towards bystanders expenses. Hence, we award an additional amount of Rs.8,000/- towards the said claims. Though it is contended that the amounts awarded under other heads are also very meagre and deserves enhancement, we are of the view that just and reasonable compensation has been awarded on other counts. Thus, the total additional amount to which the appellants would be entitled is Rs.34,000/- MFA 172/03 5 (22,000 + 4,000 + 8,000). The second respondent Insurance Company is directed to deposit the above amount of Rs.34,000/- within two months from today with interest at 7.5% per annum from the date of application till its deposit. On such deposit, the amount should be disbursed in equal proportion to the first appellant widow and the fifth appellant daughter, who is still unmarried. Appeal is, thus, allowed in part. (J.B.Koshy, Judge) 23rd October, 2008 (K.P.Balachandran, Judge) tkv MFA 172/03 6 J.B.Koshy & K.P.Balachandran, JJ. -------------------------- M.F.A.No.172 of 2003 -------------------------- JUDGMENT 23rd October, 2008