IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 MACA.No. 324 of 2003(B) ---------------------------------------- OPMV.626/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANTS/CLAIMANTS: 1. ALPHONCE MARKOSE, S/O. MARKOSE, CHEELANTHIMOODU, MAMPALLY, ANCHUTHENGU P.O., THIRUVANANTHAPURAM. 2. LILLY, W/O. ALPHONSE MARKOSE, DO. DO. 3. FRANCIS ALPHONSE, S/O. ALPHONSE MARKOSE, DO. DO. 4. MARY VICTOR, D/O. ALPHONSE MARKOSE, DO. DO. BY ADV. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN SRIRAJAN VELLOTH SRI.SAIJO HASSAN SRI.A.S.SABU RESPONDENTS/RESPONDENTS: 1. H. SHAJAHAN, T.C.48/576, GREEN GARDEN, PAARAVANKUNNU, MANACAUD P.O., THIRUVANANTHAPURAM. 2. M/S. NEW INDIA ASSURANCE CO.LTD., DIVISIONAL OFFICE, KOTTARATHIL BUILDING ANNEXE, PALAYAM, THIRUVANANTHAPURAM. 3. AUGUSTINE, GONSALVAS BHAVAN, KOTTAPURAM P.O., VIZHINJAM, THIRUVANANTHAPURAM. 4. VIJAYA SABU, ARASUNINNU POTTAVILA VEEDU, VELLAR, KOVALAM, THIRUVANANTHAPURAM. 5. M/S. UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, CWC BUILDING, LMS COMPOUND, PALAYAM, THIRUVANANTHAPURAM. ADV. SRI.N.S.MOHAMMED USMAN FOR R2 SRI.MATHEWS JACOB (SR.) FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2008 ALONG WITH MACA NO. 689 OF 2004, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.Nos.324/2003 & 689/2004 --------------------------------- JUDGMENT Koshy, J. Son of the first two appellants died in a motor accident due to the negligence of the driver of the vehicle insured by the appellant Insurance Company. The Tribunal held that drivers of the vehicles insured by the second and fifth respondents are equally responsible for the accident. But, compensation was not awarded on the ground that the deceased was studying in Seminary. The claimants filed appeals questioning the above findings. 2. M.A.C.A.No.689/04 was filed by the fifth respondent Insurance Company contending that compensation was awarded under Section 140 of the Motor Vehicles Act and it was directed to deposit 50% of the amount. If no compensation is payable, the compensation deposited by it under Section 140 MACA 324/03 & 689/04 2 of the Motor Vehicles Act should be refunded. 3. For the second respondent Insurance Company Sri.Mohammed Usman has entered appearance and Sri.Mathews Jacob (Sr.) has entered appearance for the fifth respondent. 4. The learned counsel for the Insurance Company cited the decision of this Court in Varghese v. Krishnan Nair (2004 (2) KLT 783). In that case, the deceased Priest was a member of the Monastry. On becoming a monk he has to renounce his natural family. In that case we held that Monastry is entitled to get compensation, if any, granted. Here, the deceased was not a monk or even a Priest. He was only studying in the Seminary. After or during the course in the seminary, at any time he can decide not to become a Priest. The deceased has not renounced his natural family. Here, his father and mother, along with his brother and sister, the legal representatives filed the claim. Now, the question is what is the amount of compensation. MACA 324/03 & 689/04 3 Deceased was only 23 years old at the time of the accident. His father was aged 53 and mother was aged 46. The Tribunal did not calculate the compensation. Since the accident occurred in 1999, we are of the opinion that there is no point in remanding the case. The deceased was only a student of the Seminary. Annual notional income can be fixed for calculating the compensation. Rs.15,000/- is the notional income fixed under the II schedule. So, after deducting one third, only Rs.10,000/- can be taken for calculating the compensation. 13 is the multiplier, taking the age of the claimants. Therefore, the amount of compensation payable will be Rs.1,30,000/-. For pain and sufferings conventional amount of Rs.5,000/- can be awarded. For transportation and funeral expenses another amount of Rs.5,000/- can be granted. Therefore, the total compensation payable will be Rs.1,40,000/-. The above amount should be deposited by the second and third respondent Insurance MACA 324/03 & 689/04 4 Companies in equal proportion after deducting the amount already deposited under Section 140 with 7.5 % interest per annum from the date of application till its deposit. On deposit of the amount, appellants 1 and 2 are allowed to withdraw the same. Necessary court fee payable should also be deducted while paying the amount. The appeals are disposed of. (J.B.Koshy, Judge) 22nd September, 2008 (K.P.Balachandran, Judge) tkv