IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 MACA.No. 2273 of 2007 -------------------------------- OPMV.1508/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY ....................................... APPELLANT/3RD RESPONDENT --------------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS ASST.MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI - 11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: PETITIONERS 1 TO 4 & RESPONDENT 1 & 2 RESPECTIVELY ------------------------------------------------------------------------------------------------------------- 1. K.RAGHAVAN, S/O.KUNHAPPA, AGED ABOUT 75 YEARS, NISHA NIVAS, VALAVI PEEDIKA P.O MAMBA, ANJARAKANDY AMSOM, PALERI DESOM. 2. U.K.YESODA, W/O.K.RAGHAVAN, AGED ABOUT 63 YEARS, -DO- 3. T.PREETHA, W/O.RAJEEV, AGED ABOUT 33 YEARS, VANDICHAL VEEDU, MATHUKKOTH P.O., VARAM, KANNUR. 4. ANAKHA, AGED ABOUT 10 YEARS, REP. BY MOTHER T.PREETHA, -DO- 5. P.CHINNAPPAN, S/O.PALANIYANDI GOUNDER, 3/159, ANDI GOUNDER COLONY, ANNATHANAPATTI, NETHIMEDU, SELAM DIST., TAMILNADU. 6. ABDUL RAHIMAN.A., S/O.ABDUL MAJEED, 14, THIYADI AUBBARAYAN STREET, MULLUVADI, SELAM - 636 001. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.A.C.A.No.2273 OF 2007 ------------------------------------- Dated 7th January, 2008 JUDGMENT Koshy,J . A company executive aged 38 died in a motor accident. His wife, minor daughter as well as parents filed an application for compensation. Tribunal found that the accident occurred due to the negligence of the second respondent driver of the lorry owned by the first respondent and insured by the third respondent insurance company. Against a claim of Rs.60 lakhs, Tribunal awarded Rs.20,65,500/=. Third respondent insurance company filed this appeal challenging the quantum of compensation only. At the time of accident the deceased was working as General Manager in Tiruppathi Spinning Mills T.T. Limited, Thevan Palayam, Avinashi. His next promotion was as Regional Manager and then Vice President. There are three units for the company and General Manager looks after each unit. His salary certificate shows that in the month of April, 2002 he was receiving Rs.22,880/=. The accident occurred on 8th May, 2002 and his salary was Rs.5,167/= for eight days. It is contended that being a private company his salary is not assured one. But, we have to consider the fact future prospects also. He was comparatively a young executive. Tribunal did not take into account the future prospects. He has taken Rs.22,880/= as monthly income for MACA.2273/2007 2 calculating loss of family dependency. One third was deducted and compensation was calculated. It has been repeatedly held by the Supreme Court that second schedule should be taken as a guideline for fixing compensation. (See three member bench decision in Smt.Supe Dei and others v. M/s.National Insurance Co. Ltd. and another (JT 2002 (Suppl1) SC 451), Abati Bezbaruah v. Dy. Director General, Geological Survey of India and another ((2003) 3 SCC 148) and recent decision in A.P.S.R.T.C. v. M.Pentaiah Chary (2007 AIR SCW 5689) . Therefore, taking the age of victim, 16 ought to have been taken as the multiplier. Wife of the deceased was aged only 28 and a five year old child was also depending on him. But, Tribunal has taken only 11 because of the higher multiplicand taken and calculated compensation. We are of the opinion that at no stretch of imagination it cannot be stated that the amount fixed by the Tribunal is excessive. Tribunal has granted only 7% interest. In the above circumstances, we see no ground to interfere in the award at the instance of the insurance company. The appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks