IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 MACA.No. 378 of 2003(C) ----------------------- OPMV.644/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANTS/APPLICANTS: -------------------------------------- 1. SREEDEVI, D/O. NEKKOTTUKONAM, EDAWAL, OTTASEKHARAMANGALAM P.O., KEEZHAVOOR, NEYYATTINKARA. 2. VISHNUDATTAN (MINOR) AGED 1 YEAR, S/O. RUSHIKUMAR, AT SAKUMAGILESOM, NEKKOTTUKONAM EDAWAL, OTTASEKHARAMANGALAM P.O., KEEZHAVOOR, NEYYATTINKARA. 3. LALITHAMMA D/O. BHAGARITHIPILLAI, RESIDING AT SAKUMARAVILASOM, NEKKOTTUKONAM, EDAWAL, OTTASEKHARAMANGALAM P.O., NEYYATINKARA. BY ADV. SRI.J.ROBINSON SRI.R.T.PRADEEP SRI.V.VIGILAL SRI.T.A.PRASANTH RESPONDENTS/RESPONDENTS: ------------------------ 1. THE MANAGING DIRECTOR KSRTC, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. JOHN, KAITHAKUZHI MEKKUMKARA PUTHEN VEEDU, MYLACHAL, KEEZHAROOR. BY ADV. SRI.JOHNSON P JOHN,SC KSRTC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- M.A.C.A.NO.378 OF 2003 (C) ----------------------------------- Dated this the 4th day of July, 2008 J U D G M E N T KOSHY,J. Husband of the 1st appellant was knocked down by a bus owned by the 1st respondent and driven by the 2nd respondent. He succumbed to the injuries on the very same date while undergoing treatment in the same hospital. His wife, child and mother applied for compensation claiming an amount of Rs.7 lakhs. Tribunal has granted compensation of Rs.3,28,636/- with interest. Main dispute is regarding the quantum of compensation. 2. Deceased was 34 years old at the time of accident. Tribunal has fixed 17 as the multiplier. Considering the multiplier fixed under the 2nd Schedule, we are of the opinion that no enhancement is necessary in the multiplier fixed. According to the claimants, his monthly income was above MACA.378/03 2 Rs.4,500/-. He was running an authorised ration shop. Ext.A5 is the copy of the order of the appointment as the authorised retail distributor. Ext.A4 is the Account book to show that apart from the ration shop business, he was also doing chitty business and earning income. He was maintaining a family. Accident occurred in 2000. Tribunal fixed only Rs.2,000/- as the monthly income. Considering the fact that he was running a ration shop and also a chitty business and he was maintaining a family, though exact income cannot be ascertained, we are of the opinion that tribunal ought have assessed atleast Rs.3,000/- as the monthly income. After deducting 1/3 rd, Rs.2,000/- can be fixed as the monthly loss of dependency and compensation payable will be Rs.2,000 x 12 x 17 = Rs.4,08,000/-. Tribunal has granted only Rs.2,72,136/-. Therefore, additional compensation payable will be Rs.1,35,864/-. Even though it is contended that compensation granted under other heads are very meager but considering the total amount granted, we are not enhancing the same. The 1st respondent is directed to deposit the additional amount of Rs.1,35,864/- with 7.5% interest from the MACA.378/03 3 date of application till its deposit over and above the decreed amount by the tribunal. On deposit of the above amount, 3rd appellant is allowed to withdraw Rs.20,000/- and out of the balance amount, 1/3 rd should be deposited in the name of the 1st appellant for a period of five years and 2/3 rd in the name of the 2nd appellant in a nationalised bank and 2nd appellant is allowed to withdraw when he attains the age of 21. For education of the minor child, if amount is required, 1st appellant can apply to the tribunal for withdrawal of periodical interest. Appeal is partly allowed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.A.C.A.NO.378 OF 2003 (C) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th July, 2008