IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 MFA.No. 21 of 2003() -------------------- OPMV.1143/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT: PETITIONERS: ----------------------- 1. RUGMINI AMMA, W/O. LATE PADMANABHAN NAIR,KEEZHEPANAYAZHI VEEDU, VILAVOORKAL, MALAYINKIL P.O., THIRUVANANTHAPURAM. 2. RAJALEKSHMI AMMA, D/O. LATE PADMANABHAN NAIR,KEEZHEPANAYAZHI VEEDU, VILAVOORKAL, MALAYINKIL P.O., THIRUVANANTHAPURAM. 3. PADMAKUMARI, D/O.LATE PADMANABHAN NAIR, KEEZHEPANAYAZHI VEEDU, VILAVOORKAL, MALAYINKIL P.O., THIRUVANANTHAPURAM. 4. ANILA DEVI, D/O.LATE PADMANABHAN NAIR, KEEZHEPANAYAZHI VEEDU, VILAVOORKAL, MALAYINKIL P.O., THIRUVANANTHAPURAM. 5. OMANA AMMA, W/O.LATE PADMANABHAN NAIR, KEEZHEPANAYAZHI VEEDU, VILAVOORKAL, MALAYINKIL P.O., THIRUVANANTHAPURAM. 6. PADMAKUMAR,S/O.LATE PADMANABHAN NAIR, KEEZHEPANAYAZHI VEEDU, VILAVOORKAL, MALAYINKIL P.O., THIRUVANANTHAPURAM. 7. PRASANNAKUMAR,S/O.LATE PADMANABHAN NAIR, KEEZHEPANAYAZHI VEEDU, VILAVOORKAL, MALAYINKIL P.O., THIRUVANANTHAPURAM. 8. ASHA DEVI, D/O.LATE PADMANABHAN NAIR, KEEZHEPANAYAZHI VEEDU, VILAVOORKAL, MALAYINKIL P.O., THIRUVANANTHAPURAM. 9. MEENAMBILA DEVI, D/O. LATE PADMANABHAN NAIR, KEEZHEPANAYAZHI VEEDU, VILAVOORKAL, MALAYINKIL P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: RESPONDENTS: ------------------------- 1. GEORGE CHACKO, S/O. CHACKO, JONANIKUNNEL HOUSE, KALIYA ROAD P.O., CHELAKKARA. 2. LALU DAS P.K., S/O. KESAVAN, POOTHAKKUZHY HOUSE, ELANAD P.O., CHELAKKARA. 3. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD., THIRUVANANTHAPURAM. BY ADV. SRI.MATHEWS JACOB THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.21 of 2003 ----------------------------------------- Dated this the 4th day of March, 2008 JUDGMENT Koshy, J. A 70 year old man died in a motor accident. His legal representatives, consisting of two wives and seven children, filed application for compensation claiming an amount of Rs.4,50,000/-. The Tribunal awarded an amount of Rs.1,01,000/- with interest and cost. Only dispute in this appeal is regarding the quantum of compensation. It was found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent Insurance Company. According to the applicants, monthly income of the deceased was Rs.9,500/-. Exhibit A4 is the salary certificate issued by the P.N.S. Company. That was rightly disbelieved by the Tribunal for the following reason: “According to the petitioners, the deceased was working as a foreman Tunnal work, P.N.S. Company, Perumbavoor. Exhibit A4 is the salary certificate dated 12.7.2001 issued from P.N.S.Company, wherein it is stated that Padmanabhan Nair, Keezhapanayazhi Veedu, Vilavoorkal, Malayinkil was working as Foreman in the Company for the last 25 years and was drawing a monthly salary of Rs.9,500/- plus allowances at the M.F.A.21/03 2 rate of 385/- per day. To prove Exhibit A4, the partner of the P.N.S. Company is examined as PW2. He has stated that he deceased was working in his company as Foreman of the last 25 years. Exhibit A10 is a certificate produced by the petitioners, wherein it is stated that the deceased was working with T.O.Abraham & Company as a Dirlling Foreman from 1.6.1990. Exhibits A4 & A10 documents will not go together.” Apart from the above, if he was getting more than Rs.9,000/- per month, for 24 years he would have been an income-tax assessee, but no income-tax assessment was produced. No income- tax returns were also produced. Therefore, the Tribunal fixed Rs.2,000/- as the monthly income and one-third has been deducted by the Tribunal. 5 was taken as the multiplier taking guideline from second schedule as he was 70 years old at the time of death. It is true that being a skilled worker, he would get something more than the casual worker. We note that he had seven children, out of which, two daughters (appellants 8 and 9) were unmarried. The Tribunal did not award any compensation for love and affection. Of course, they were major children. However, in this connection we award Rs.2,500/- each to the seven children. So, the petitioners are entitled to Rs.17,500/- on that count. Only Rs.5,000/- was awarded for postmortem, funeral expenses and transportation etc. We note that the incident occurred in Idukki district, but their house is in M.F.A.21/03 3 Thiruvananthapuram district. Therefore, we award Rs.2,500/- more for transportation of the body. Thus, the petitioners are entitled to an additional amount of Rs.20,000/-, over and above the amount decreed by the Tribunal and we direct the third respondent Insurance Company to deposit Rs.20,000/- with 7.5% interest from the date of application to the date of deposit, over and above the compensation awarded by the Tribunal. On deposit of the amount, appellants 1 and 5 are allowed to withdraw the same in equal proportion. The appeal is allowed, partly. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. M.F.A.21/03 4 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No.21 of 2003 ------------------------------ JUDGMENT 4.3.2008