IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 MACA.No. 9 of 2003(B) -------------------------------- O.P(MV).NO.710/1997 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA. .................... APPELLANTS/PETITIONERS IN O.P.(MV): ---------------------------------------------------------- 1. RAMLA, WIDOW OF ASHRAF, MULLASSERY HOUSE, TANA DESOM, MANAVALASSERRY VILLAGE, IRINJALAKUDA P.O. 2. FATHIMA @ MUNNA (MINOR) AGED 7 YEARS, D/O. LATE ASHRAF, REPRESENTED BY HER GUARDIAN MOTHER 1ST APPELLANT RAMLA, DO. DO. 3. RAZIA, D/O. LATE NACHI, DO. DO. 4. JAMEELA, D/O. LATE NACHI, DO. DO. 5. ASSIS, S/O. LATE NACHI, DO. DO. 6. NAZEEM, D/O. LATE NACHI, DO. DO. 7. SAINABA, WIDOW OF BAHSSER, DO. DO. 8. RAMEES M. (MINOR) AGED 5 YEARS, S/O. LATE MULLASSERY ASHRAF, REPRESENTED BY HIS GUARDIAN MOTHER 1ST APPELLANT RAMLA, DO. DO. 9. RANEES M., (MINIOR) AGED 5 YEARS, S/O. LATE MULLASSERY ASHRAF, REPRESENTED BY HIS GUARDIAN MOTHER 1ST APPELLANT RAMLA, DO. DO. BY ADV. SRI.P.V.BABY, ADV. SRI.A.N.SANTHOSH. M.A.C.A. NO. 9/2003-B: RESPONDENTS/ RESPONDENTS IN O.P. (MV): ------------------------------------------------------------------ 1. V. KUNHIMOHAMMED, S/O. MOHAMMED, VALLANCHIRA HOUSE, PANDIKKAD ROAD, MANCHERI - 21. 2. A. ALI, S/O. K. MOIDU, GURUKKALAPARAMBATH HOUSE, KADIROOR. 3. THE ORIENTAL INSURANCE CO. LTD., JASEELA COMPLEX, NILAMBUR ROAD, MANCHERI-21. R3 BY ADV.SRI.V.P.K.PANICKER. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- M.A.C.A.NO.9 OF 2003-B ---------------------------------------------------- Dated this the 6th day of June, 2008. JUDGMENT Koshy, J: A 32 years old man succumbed to injuries in an accident on 17.2.1997. His widow and three minor children aged between 5 to 7 years along with his brothers and sisters filed an application for compensation claiming Rs. Fifteen lakhs. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the 3rd respondent insurance company. After calculating a total compensation of Rs.4,17,000/=, the 3rd respondent insurance company was directed to deposit the same. The only dispute is regarding the quantum of compensation. The deceased was aged 32years at the time of the accident. Considering 2nd schedule, 17 is taken as the multiplier. We see no ground to interfere with the multiplier fixed by the Tribunal as the Tribunal fixed the multiplier taking guidance from 2nd schedule (see APSRTC v. M. Pentaiah Chary (AIR 2007 SCW 5689). The deceased at the time of the accident was employed in Saudi Arabia. He came on leave and during leave period the accident MACA.NO.9/2003 . 2 occurred. Ext.A17 is the salary certificate issued by the Import Export Commissioner, Saudi Arabia, which shows that his monthly income was 4000 Saudi Riyals. He was employed in an exporting firm in Saudi Arabia as an Automobile Mechanic. The Tribunal assessed Rs.3,000/= as his monthly income. He was earning 4000 Saudi Riyals which is equivalent to Rs.40,000=. The learned counsel also submitted that in United Insurance Company v. Patricia Jean Mahajan & Others (JT 2002(5) SC 74) the Hon'ble Supreme Court has held that for calculating the income of a person employed abroad, the exchange rate on the date on which the accident occurred shall be taken into account. The Tribunal did not accept the income certificate and held that a worker in Saudi Arabia might have income worth Rs.3,000/=. Even though, according to the appellants, the deceased was earning 4000 Riyals, we are of the opinion that for the purpose of calculation, at least Rs.6,000/= can be taken as the monthly income and after deducting one third, Rs.4000/= can be taken as the multiplicand. Therefore, compensation payable will be 4000x12x17=8,16,000/=. The Tribunal has awarded only Rs.2,04,000/=. Therefore, the additional compensation payable will be Rs.6,12,000/=. The dependants will be entitled to Rs.6,12,000/= as additional compensation. The 3rd MACA.NO.9/2003 . 3 respondent insurance company shall deposit the above amount with 7% interest from the date of application till the date of deposit of the amount. The 1st appellant, wife of deceased, and appellants 2,8 and 9 children of the deceased are entitled to receive the same in equal proportion. Even though the amount due to the widow/1st appellant can be released, the amount due to the children should be deposited in a Nationalised Bank enabling them to withdraw the same when they attain the age of 21 or at the time of their marriage which ever is earlier. The appeal is allowed to the above extent. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. cl Following corrections are made in the judgment dated 6.6.2008 in MACA.NO.9/2003. 1. The figure and word “32 years” occurring in the 10th line of page 1 is corrected as “38 years”. 2. Figure “17” occurring in the 11th line of page 1 is corrected as “16”. MACA.NO.9/2003 . 4 3. Figures “4000x12x17=8,16,000/=” occurring in the 18th line of page 2 are corrected as “4,000x12x16=7,68,000/=”. 4. The figure “Rs.2,04,000” occurring in 19th line of page 2 is corrected as “Rs.3,84,000/=”. 5. The figure “Rs.6,12,000” occurring in lines 20 and 21 of page 2 are corrected as “Rs.3,84,000/=”. As per order dated 27.2.2009 in I.A.No.313/2009 Sd/= Registrar (Judicial) J.B. KOSHY & P.N. RAVINDRAN, JJ. MACA.NO.9/2003 . 5 M.A.C.A.NO.9 OF 2003-B JUDGMENT 6th day of June, 2008.