IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 MFA.No. 488 of 2003(F) ---------------------- OPMV.160/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT: 1ST RESPONDENT: ------------------------------------------------- THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION, NAGARCOIL, TAMILNADU. BY ADV. SRI.SUBHASH CYRIAC RESPONDENT(S): CLAIMANTS 1 TO 3 & RESPONDENTS 4 & 5: -------------------------------------------------------------------------------------------- 1. SINDHU, W/O.LATE NARAYANAN, KARALI HOUSE, PARASSALA.P.O., THIRUVANANTHAPURAM. 2. NISHA THAMPY, MINOR -DO- REPRESENTED BY MOTHER AND NATURAL GUARDIAN OF 1ST RESPONDENT. 3. SAROJAM, KARALI HOUSE, PARASSALA P.O. TRIVANDRUM. 4. SURESH KUMAR, PALOORKONAM, PARASSALA. 5. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO.LTD. TRIVANDRUM. BY THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.2282/2003 IN M.F.A.NO.488/2003 DISMISSED 28/08/2008 SD/- J.B.KOSHY, JUDGE SD/- THOMAS P.JOSEPH, JUDGE /TRUE COPY/ P.S.TO JUDGE Kss J.B. Koshy & Thomas P. Joseph, JJ. -------------------------------------- M.F.A. No.488 of 2003 --------------------------------------- Dated this the 28th day of August, 2008 Judgment Koshy,J. Husband of the first respondent sustained fatal injuries in an accident on 25.12.1997. While he was travelling in the pillion of a scooter, the bus belonging to the appellant hit the scooter and the deceased was thrown on the road and sustained injuries. His widow, minor child and mother applied for compensation. The Tribunal noticed that the driver of the appellant-corporation was charge-sheeted by Ext.A2 and after considering the F.I.R., charge sheet and oral evidence adduced by PW2, an independent eye witness and RW1 driver, the Tribunal correctly came to the conclusion that the accident occurred solely because of the negligence of the driver of the vehicle owned by the appellant. The Tribunal awarded only a total amount of Rs.3,02,820/-. It is contended that the compensation awarded by the Tribunal is very high. The deceased was aged only 38. He was maintaining a family. The Tribunal has fixed only Rs.2,000/- as the monthly income. He was manager of a bus company. Even if that is not M.F.A.No.488/2003 2 proved to the satisfaction of the Tribunal, even an unskilled worker in Kerala will get more than Rs.150/- per day during the relevant time and Rs.2,000/- fixed for a 38 year old man cannot be stated to be on the high side by any stretch of imagination. The Tribunal took 16 as the multiplier taking guidance from the second schedule and compensation was calculated. 9% interest was also awarded. We are of the opinion that no interference is required in the Award at the instance of the appellant and appeal is dismissed. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.F.A.No.488/2003 3 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.F.A. No.488/2003 ------------------------------------- Judgment Dated:28th August, 2008