IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 MACA.No. 1179 of 2006(G) ----------------------- OPMV.245/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT/3RD RESPONDENT: ---------------------------------- UNITED INDIA INSURANCE CO.LTD., PADMAVATHY COMMERCIAL COMPLEX, K.M.C.IX/139, M.G.ROAD, KASARAGOD, REP. BY THE ASSISTANT MANAGER, REGIONAL OFFICE `SHARNYA' HOSPITAL ROAD, ERNAKULAM, KOCHI-11. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL RESPONDENTS/CLAIMANT & RESPONDENTS 1 & 2: -------------------------------------------------------- 1. O.K. SHARADA, W/O. KODOTH NARAYANAN NAIR, VELLAKKAL HOUSE, KOLATHUR VILLAGE, AND POST, KASARAGOD DISTRICT. 2. RAGHAVAN, S/O. CHATHU NAIR, VORKATHIL HOUSE, MULIVAR VILLAGE AND POST, KASARAGOD. 3. K. RATNAKARAN, S/O.KUMARAN, H.NO.11/503, VALAVAI HOUSE, P.O. KUTTIKOLE, VIA CHENGALA, BEDADKA, KASARAGOD. R1 BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1179 OF 2006 -------------------------------------------- Dated this the 13th day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed by insurance company challenging the compensation awarded to the first respondent on the ground that multiplier adopted with reference to the age of the deceased is incorrect. We have heard standing counsel appearing for the appellant and counsel for the respondents. We find force in the contention of insurance company because claimant was 67 years of age and the multiplier applied is 17. In fact MACT committed an error in adopting multiplier with reference to the age of the victim. We therefore uphold the contention of the company that relevant multiplier to be applied is 5. However, counsel for the first respondent contended that income of the deceased shown in the claim petition was only roughly estimated by counsel as claimant was an uneducated lady. The deceased was stated to be a driver by profession and the death was in the year 2002. Current level of income of a driver in a private vehicle is around Rs. MACA : 1179/06 2 6,000/-. Driver's profession entitles him for some benefits in the form of tips and therefore the income stated in the application at Rs. 3,000/- is only to be taken as an estimation made by mother of the deceased. We feel the income of a professional driver in 2002 including benefits can be safely estimated at Rs. 4500/- per month. Consequently, we feel Rs. 3,000/- claimed in the petition can be treated as net income after meeting his personal expenses. Therefore applying Rs. 3000/- as net monthly income of the deceased, and by applying the correct multiplier of 5, the claimant would be entitled to compensation for loss of dependancy of Rs. 1,80,000/- as against Rs. 2,04,000/- granted by the MACT. Since deceased was the only son of the claimant we increase the compensation for loss of love and affection by another Rs. 10000/-. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk MACA : 1179/06 3