IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 MACA.No. 1158 of 2004() ----------------------- OPMV.317/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/ PETITIONERS IN OP(MV) --------------------------------------------- 1. MARY JOSE, W/O. JOSE, AYINIKKADAN HOUSE, CHALAKUDY P.O., MUKUNDAPURAM TALUK. 2. JOMON JOSE S/O.LATE JOSE, DO. DO. 3. JOFY JOSE (MINOR) AGED 16 YEARS, D/O. LATE JOSE, REPRESENTED BY HER NEXT FRIEND GUARDIAN MOTHER 1ST APPELLANT, DO. DO. 4. DEVASSY, S/O. OUSEPH, DO. DO. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS IN OP(MV) ------------------------------------ 1. R.R.KUMARAN S/O. RAMANKUTTY, RARAMPARAMBIL HOUSE, THIRUNELLOOR P.O. 2. SINOJ S/O. KUMARAN, RARAMPARAMBIL HOUSE, THIRUNELLOOR P.O. 3. ORIENTAL INSURANCE CO., GURUVAYUR ROAD, KUNNAMKULAM. R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------- M.A.C.A. No.1158 of 2004 ------------------------------------------------------------ Dated this the 28th day of March, 2011 JUDJMENT A.K. Basheer, J. The appellants instituted a claim petition under Section 163 A of the Motor Vehicles Act seeking compensation from the respondents herein who are the owner, driver and insurer of the vehicle involved in the accident. Respondent No.3 Insurance Company admitted the policy coverage. The Tribunal, after considering the documentary evidence adduced by the appellants, awarded a sum of `.2,44,700/- with 6% interest and directed the Insurance Company to pay the same. The appellants contend that the amount awarded is too meagre and inadequate. 2. It is the case of the appellants that deceased Jose was a qualified driver. He had been maintaining his family consisting of wife, two minor children and old father with the monthly income of `.11,000 earned by him. The Tribunal however took the notional monthly income of the deceased as `.2,100 and after deducting 1/3rd therefrom for his personal expenses, the dependency compensation was calculated as `.2,35,200/-, M.A.C.A. No.2110 of 2008 2 taking a multiplier of 14. Exhibits A9 and A10 driving licenses were produced by the appellants. 3. In our view, the Tribunal ought to have taken the monthly income of the deceased as `.3,200/- at least. The multiplier in our view has to be taken as 15 in lieu of 14. Thus calculated, the compensation payable under the head of dependency will come to `. 3,84,000/- (25,600 X 15) 4. The Tribunal has awarded a sum of `.5,000/- under the head of loss of consortium. This is enhanced to `. 15,000/-. Interest shall be paid @ 7.5% in lieu of 6%. In all other respects, the award passed by the tribunal is confirmed. The appeal is disposed of in the above terms. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. rkc