IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 MACA.No. 1065 of 2004() -------------------------------- OPMV.641/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANTS/APPLICANTS : --------------------------------- 1. E.J.SUSSAMMA JOSEPH, AGED 48, W/O.JOSEPH, ERORICKAL HOUSE, AMBOORI, THEKKUPARA P.O., THIRUVANANTHAPURAM. 2. LISSY JOSEPH, AGED 28, D/O. SUSSAMMA JOSEPH, ERORICKAL HOUSE, AMBOORI, THEKKUPARA P.O., THIRUVANANTHAPURAM. 3. SIJU JOSEPH, AGED 25, S/O.JOSEPH, ERORICKAL HOUSE, AMBOORI, THEKKUPARA P.O., THIRUVANANTHAPURAM. 4. JINCY JOSEPH, AGED 22, D/O.SUSSAMMA JOSEPH, ERORICKAL HOUSE, AMBOORI, THEKKUPARA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.S.V.PREMAKUMARAN NAIR SRI.R.T.PRADEEP SRI.V.VIJULAL MACA.No. 1065 of 2004 RESPONDENTS/RESPONDENTS : --------------------------------------- 1. SHAJAHAN, S/O.ABDUL KHADER, PARAKKAL HOUSE, PAIPPADU, PAIPPADU VILLAGE, CHANGANASSERY TALUK. 2. SANTHOSH, S/O.GOPINATHAN NAIR, RADHA VILASOM HOUSE, VALLIKKADU, KUNANTHANAM, MALLAPPALLY TALUK. 3. MATHAI, MOOLAYIL HOUSE, PAIPPADU, CHANGANASSERY. 4. THE DIVISIONAL MANAGER, M/S.ORIENTAL INSURANCE COMPANY LTD., P.B.NO. 26, RAJESWARI COMPLEX, PERUNNA, CHANGANASSERY. ADV. DR.ELIZABETH VARKEY - R3 SRI.M.JACOB MURICKAN - R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING : J.B.KOSHY & THOMAS P. JOSEPH, JJ. ------------------------------------------------------- M.A. C.A No. 1065 of 2004 ----------------------------------- Dated this the 5th day of November, 2008 J U D G M E N T J.B.KOSHY,J . Appellants are the legal heirs of deceased who died in a road accident on 5/03/2001. His wife, the first appellant along with three children filed an application for compensation claiming Rs.6,00,000/-. Tribunal awarded Rs.2,53,604/- as compensation with interest and directed the 4th respondent, Insurance Company to deposit the same. Only dispute raised in this appeal is about the quantum of compensation. Deceased was a coolie by occupation. He was aged 49 years at the time of the accident. Tribunal fixed 13 as the multiplier. Taking 2nd schedule for guidance, we see no reason to enhance the same. According to claimants, deceased was earning Rs.4,500/- as monthly income. Tribunal has fixed Rs.2000/- as the monthly income. It is contended that in the year 2001 in Kerala, even unskilled workers were getting Rs.150-200 per day. Deceased was maintaining a large family consisting of wife and three children. Therefore, we are of the opinion that at least Rs.3,000/- ought to have been taken as the M.A. C.A No. 1065/ 2004 2 monthly income. After deducting 1/3, Rs.2,000/- can be fixed as loss of dependency. Therefore, compensation payable for loss of dependency will be Rs.3,12,000/-(2000x12x13). Tribunal granted only Rs.2,08,104/- as compensation. Thus additional compensation payable is Rs.1,03,896/- which is rounded at Rs.1,03,900/-. Tribunal found that the accident occurred due to the negligence of the conductor and driver of the bus and the owner is vicariously liable to pay the amount. The additional amount of Rs.1,03,900/- should be deposited by the 4th respondent Insurance Company with 7.5% interest from the date of application till its deposit over and above the compensation awarded by the tribunal. On deposit of the same, 50% is allowed to be withdrawn by the 1st appellant, widow and the balance in equal proportion by the other appellants (children of the 1st appellant) . Appeal is partly allowed. J.B.KOSHY,JUDGE THOMAS P. JOSEPH, JUDGE scm