IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 MFA.No. 1297 of 2001() ---------------------- OPMV.640/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/ PETITIONERS: ----------- 1. JYOTHI P.K., AGED 21 YEARS, W/O.LATE SANKARAN KUTTY @ ACHU, PUZHIKKIDIKIZHAKKATHIL HOUSE, POST KALADY, PIN. 679 582, MALAPPURAM DIST. 2. ABHIJITH, AGED 1 ½ YEARS, REP. BY MOTHER GUARDIAN 1ST APPELLANT. 3. PADMAVATHI AMMA, W/O. LATE SANKARAN NAIR, EANGOOR VALAPPIL, KOTTOPPADAM, POST THALAKKASSERY, PALAKKD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS: ------------- 1. P.ABDUL SALAM, AGED 34 YEARS, S/O.POKKER, PADINJAKKARA VEEDU, VILAYOOR POST, PALAKKD DISTRICT ( DL. NUMBER 528/83//P0, VALID UP TO 21.3.99, BADGE NUMEHBR 443/92). 2. O.MUHAMAD, S/O.KUNHAVARAN HAJI, ORAVIL HOUSE, POST ANGADI, KUMARANELLOOR, PALAKKD DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD. P.B.NUMBER 9, 1ST FLOOR, WESTERN WING, AMBADI BUILDING, C.V. JUNCTIN, PONNANI-679 571 (POLICY NUMBER 101005/31/21/1/8119/97), POLICY VALID FROM 26.10.97 TO 26.10.98) BY ADV. SRI.R.RAJESH KORMATH SMT.PREETHY KARUNAKARAN SRI.ANISH S.AMBADY SMT.BIJIMOL JOSE SRI.P.V.JYOTHI PRASAD THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K. HEMA, JJ. ------------------------------------------------ M.F.A. No.1297 of 2001 ------------------------------------------------ Dated this the 10th day of January, 2008 JUDGMENT Koshy, J: A 28 year old young man died in a motor accident. The Tribunal found that the accident occurred due to the negligence of the first respondent driver of the lorry, which was insured by the 3rd respondent insurance company. However, against a claim of Rs.15 lakhs, the amount awarded was only Rs.3,50,900/-. Only quantum of compensation is disputed in this appeal. 2. His wife aged 21 years, minor child 1 ½ years and aged mother filed the application for compensation. The Tribunal fixed only monthly income at Rs.2000/- for calculating compensation. At the time of accident, he was employed in Abudabi and came on leave. His passport and employment certificates were produced. The passport entries shows that he was employed in Abudabi and his income certificate shows that he was getting 258 $ as monthly income, which taking the exchange rate at that time will come to Rs.9030/-. The Supreme Court in United India Insurance Co. Ltd. v. Patricia Jean Mahajan and others (JT 2002 (5) SC 74) held that while [MFA.1297/01] 2 calculating the income of a person employed in foreign countries, exchange rate at the time of accident should be looked into. However, personal expenses to be incurred in foreign countries are also very high. So, we deduct 50% for personal expenses and take Rs.3500/- for loss of family contribution. He was aged 28 at the time of accident. Going by 2nd schedule, 18 is the multiplier. But in Patricia Jean Mahajan 's case it was held that when a higher multiplicand is available only lesser multiplier need be taken into account. Therefore, we take 13 as the multiplier. If that be so, the compensation payable will be Rs.5,46,000/- (Rs.3500x12x13). The amount of compensation awarded for loss of dependency was Rs.3,26, 400/-. So, the additional compensation payable will be Rs. 2,19,600/-. The above amount should be deposited by the 3rd respondent insurance company with 7% interest from the date of application till its deposit over and above the amount decreed by the Tribunal. On deposit of the amount, Rs.50,000/- should be given to 3rd appellant mother and Rs.1 lakh to first appellant widow. The entire balance amount should be deposited in the name of the 2nd appellant son of the deceased enabling him to withdraw same at the age of 21. Appeal is partly allowed. Sd/- J.B. KOSHY, JUDGE. Sd/- Krs. K. HEMA, JUDGE. [MFA.1297/01] 3 J.B. KOSHY & K. HEMA, JJ. ------------------------------------------------ M.F.A. No.1297 of 2001 ------------------------------------------------ Dated this the 10th day of January, 2008 JUDGMENT