IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 MFA.No. 289 of 2002() --------------------- OPMV.1580/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT: APPLICANTS --------------------- 1. PANDARAKANDI ABDUL MAJEED,AGED 52 YEARS, 2. PATHUTTY,AGED 43 YEARS W/O.ABDUL MAJEED, MELEKANDIYIL HOUSE,KUZHINCHOLAM,P.O.THAVANOOR, VIA.KUZHIMANNA,MALAPPURAM DISTRICT. (1ST PETITIONER IS THE FATHER AND 2ND PETITIONER IS THE MOTHER OF DECEASED) BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS: RESPONDENTS ------------------------ 1. K.UNNIKRISHNAN,AGED 26 YEARS S/O.KANDUNNI,MANNEAKULAM,P.O.VEMBALLUR, PALAKKAD DISTRICT(DRIVER OF LORRY KLT 1366) 2. H.MOHAMMED SIRAJUDHEEN S/O.HYDRUS, 11/373,NARIKUTHPARAMBA,PALAKKAD DISTRICT OWNER OF LORRY) 3. NATIONAL INSURANCE COMPANY CO.LTD., DIVISIONAL OFFICE,COIMBATORE. 4. UNNI S/O.SANKARAN,KUNHALATH HOUSE, PERINGAVU,CHERUKAVU (DRIVER OF JEEP) 5. P.K.ABDUL SALAM S/O.FATHIMA BEEVI, PUTHIYAVEETIL HOUSE,PARAPPANANGADI, MALAPPURAM DISTRICT (OWNER OF JEEP) 6. NEW INDIA ASSURANCE COMPANY LTD., CALICUT. BY ADV. SRI.P.K.YUSUFF ISSUDDIN FOR R5 SRI.VPK.PANICKER FOR R6 SMT.SARAH SALVY FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K. HEMA, JJ. ------------------------------------------------ M.F.A. No.289 2002 ------------------------------------------------ Dated this the 21st day of January, 2008 JUDGMENT Koshy, J: A 20 year old youngster died in a motor accident due to the rash and negligent driving of the lorry by the first respondent. The above vehicle was owned by the 2nd respondent and insured by the 3rd respondent. Against a claim of Rs.4,86,500/- only Rs.1,30,000/- was awarded by way of compensation. The quantum of compensation alone is disputed in this appeal. 2. The accident occurred on 6.3.1996. The claimant was employed as Cashier in a hotel. According to the claimant, he was getting Rs.2500/- per month. Except the oral evidence, no documentary evidence was adduced to prove that he was earning Rs.2500/- per month. The Tribunal fixed Rs.1500/- as the monthly income. Since he was a 20 year old youngster and no [MFA.289/02] 2 evidence was adduced regarding his monthly income, we are of opinion that fixation of Rs.1500/- as the notional income needs no interference. His mother was 43 years old. Therefore taking guidance from 2nd schedule, 15 can be the apt multiplier. After deducting 1/3rd for personal expenses, family contribution can be fixed at Rs.1000/- per month and taking 15 as the multiplier, compensation for loss of dependency will be Rs.1,80,000/-. The Tribunal has awarded only Rs.1,26,000/-. Hence, additional compensation under this head is Rs.54,000/-. For pain and suffering, Rs.2,500/- was granted. This is quite insufficient. We are of the opinion that Rs.2500/- more has to be granted on this count. He was taken to the hospital and on the way he died. For funeral expenses, Tribunal granted only Rs.2000/- and Rs.1000/- for transportation etc. We are of the view that no enhancement is required on these heads. Thus, the total additional compensation payable will be Rs.56,500/-. Th above amount of Rs.56,500/- should be deposited by the 3rd respondent Insurance Company with 7.5% interest from the date of application till its deposit over and above the amount decreed [MFA.289/02] 3 by the Tribunal. On deposit of the amount, appellants are entitled to withdraw the same in equal proportion. Appeal is partly allowed. Sd/- J.B. KOSHY, JUDGE. Sd/- K. HEMA, JUDGE. Krs. [MFA.289/02] 4 J.B. KOSHY & K. HEMA, JJ. ------------------------------------------------ M.F.A. No.289 2002 ------------------------------------------------ Dated this the 21st day of January, 2008 JUDGMENT