IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 MACA.No. 615 of 2003() ---------------------- OPMV.611/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANTS/PETITIONERS: ---------------------------------------- 1. BABU, S/O. AUGUSTINE, VARICATTU HOUSE, MYLACOMBU KARA, KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK. 2. GRACY, W/O. BABU, VARICATTU HOUSE, MYLACOMBU KARA, KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK. 3. ARUN, S/O. BABU, VARICATTU HOUSE, MYULACOMBU KARA, KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK. 4. AJANA BABU, D/O. BABU, VARICATTU HOUSE, MYLACOMBU KARA, MUKARAMANGALAM VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. ARUL ARASAN, S/O. CHOKKALINGAM, SHANMUGAN STREET, VENDAVASI P.O., TAMIL NADU. 2. A. DEVARAJAN, S/O. ADIMOOLAM, THENDA STREET, VEARAMBAKKAMERDDUR VILLAGE, CHEYYA T.K., TAMIL NADU. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE 70901, ANNASSALAI, KUMAR COMPLEX, 146 2N, II FLOOR, TAMIL NADU. Kss ..2/- ...2..... M.A.C.A.NO.615/2003 4. SABU, S/O. M.V. PHILIP, MADACKAPPILLIYIL HOUSE, KUNDUKADU P.O., THRISSUR DISTRICT. 5. T.V. ANTO, S/O. VARU, THALIYATHU HOUSE, PONGANAMKADU P.O., KURICHY KARA, THRISSUR DISTRICT. 6. NEW INDIA ASSURANCE CO.LTD., TRICHUR. ADV. SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 SRI.M.JACOB MURICKAN FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & Thomas P. Joseph, JJ. -------------------------------------- M.A.C.A. No. 615 of 2003 --------------------------------------- Dated this the 18th day of August, 2008 Judgment Koshy,J. Daughter of the first two appellants died in a motor accident on 1.1.1998. The parents, brother and sister of the deceased girl filed an application for compensation claiming an amount of Rupees Five lakhs. The Tribunal awarded Rs.1,25,000/- and directed the insurance company of the offending vehicle (third respondent) to deposit the amount with 9% interest from the date of application. The only dispute is regarding the quantum of compensation. The deceased was aged 18 years at the time of accident. It is the contention of the appellant that the deceased was a brilliant student. She scored 542 marks out of 600 in the S.S.L.C. examination and 362 marks out of 500 in the pre-degree examination and she was attending coaching classes for entrance examination for MBBS at the time when the accident occurred. It is true that she was a non-earning member. As per the second schedule, notional income of a non-earning person is Rs.15,000/- per year. One-third has to be deducted for personal expenses. If the age of the deceased is considered, 16 is the apt multiplier, but, the mother of the deceased was between 45 and 50. So, taking guidance from the second schedule, we take 13 as the multiplier. If that be so, after deducting one-third M.A.CA.No.615/2003 2 of the notional income, compensation payable will be Rs.10000 x 13 = Rs.1,30,000/-. The Tribunal has awarded Rs.23,000/- for pain and suffering, medical expenses, loss of love and affection, loss of estate, funeral expenses etc. So, that has also to be added. Therefore, total compensation payable will be Rs.1,53,000/-. From that, Rs.1,25,000/- awarded by the Tribunal has to be deducted. So, additional compensation payable will be Rs.28,000/-. The above Rs.28,000/- should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit. On deposit of the amount, appellant Nos.1 and 2 are allowed to withdraw the same on equal proportion. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.A.CA.No.615/2003 3 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.A.C.A. No.615/2003 ------------------------------------- Judgment Dated:18th August, 2008