IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 MFA.No. 1574 of 1996(D) ---------------------------------------- OPMV.1229/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANTS/PETITIONERS 1 TO 6: 1. INDIRA, AGED 33, D/O NARAYANAN NAIR, PATTAR MADATHIL, EDAKULAM AMSOM DESOM KOYILANDY TALUK (W/O DECEASED). 2. DILWA (MINOR), AGED 13, (D.O.B.19.9.83) , DAUGHTER OF THE DECEASED, DO. 3. NAVEENA (MINOR), AGED 8, (D.O.B.12.1.88) DO. DO. 4. NAVNEETHA (MINOR) DO. DO. (MINORS ARE REP. BY MOTHER & GUARDIAN 1ST APPELLANT) 5. APPU NAIR, AGED 76, S/O KOMAN NAIR, FATHER OF THE DECEASED, DO. DO. 6. MADHAVIKUTTY AMMA, AGED 66, D/O KANARAN NAIR, MOTHER OF THE DECEASED, DO. DO. BY ADV. SRI.T.RAVINDRAN RESPONDENT/RESPONDENTS 1 TO 3: 1. E.ASOKAN, AGED 46, S/O GOPALAN NAIR, 'KRISHNA' NIVAS, PANTHALAYANI AMSOM KOTHAMANGALAM DESOM (OWNER OF BUS KRD 6723). 2. MOORARKANDI GANGADHARAN, AGED 51, S/O KUNHIKELAPPAN, EDAKULAM DESOM, KOYILANDY (DRIVER OF BUS KRD 6723) Dl.NO.M 2715/65, B.NO.340/80. 3. THE NEW INDIA ASSURANCE CO. LTD. BRANCH OFFICE, P.B.NO.1005, TRIPURI BUILDING, EAST NADAKKAVU, CALICUT (INSURER OF BUS KRD 6723). ADV. SRI.RAJAN P.KALIYATH FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.F.A.No.1574 of 1996 --------------------------------- JUDGMENT Koshy, J. Husband of the first appellant died in a motor accident on 29.12.1992 at the age of 38, leaving three minor daughters and parents hapless. So, the widow, three minor children and parents together filed an application for compensation contending that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent Insurance Company. Coverage of insurance, accident, etc. are not disputed. The Tribunal awarded a total compensation of Rs.1,63,800/- with interest at 12% against a claim of Rupees Four lakhs. The only dispute raised in this appeal is the quantum of compensation. Therefore, we are considering only that aspect in this appeal. MFA 1574/96 2 2. The motor accident victim was running rubber vulcanising business. According to the claimants, he had two rubber vulcanising units at Gujarat. To prove his income, Exhibits A10 to A18 were produced. Those documents show that he was maintaining accounts in the Bank and was regularly paying amounts to the Bank and he was also paying insurance. But, there is no evidence to show what was the exact income from the rubber vulcanising units. However, considering the facts alleged and considering the evidence adduced and regular remittance to the Bank, we are of the view that at least Rs.2,500/- ought to have been taken as the monthly income, assuming that he was getting at least Rs.100/- per day and at least he may get 25 days work in a month. Hence, the monthly income will be Rs.2,500/- and the yearly income will be Rs.30,000/-. From that one third has to be deducted for personal expenses. Therefore, the compensation payable for loss of dependency will be 20,000 x 16 MFA 1574/96 3 = 3,20,000/-, taking 16 as the multiplier fixed by the Tribunal as per second schedule. The Tribunal has awarded only an amount of Rs.1,53,600/- as dependency compensation. Therefore, the appellants will be entitled to an additional amount of Rs.1,66,400/-. It is contended that the first appellant lost her husband at a very young age and there were three minor daughters between the age 3- 10 years. The amounts awarded for loss of consortium, loss of love and affection and fatherly care to the minor daughters are very low. But, we are not enhancing the same considering the total amount of compensation awarded. Then the question is of interest. It is submitted that at the time of accident and passing the award 12% interest was being awarded by the Tribunal. Now also, considering the bank rate, 12% interest has to be awarded to the additional amount. But, considering the delay in filing the appeal, restoration, etc. we award only 7% interest per annum for the MFA 1574/96 4 additional amount from the date of application till its deposit. On deposit of the amount, a consolidated sum of Rs.10,000/- each should be given to the 5th and 6th claimants and the balance should be disbursed in equal proportion to the rest of the claimants. The appeal is allowed in part. (J.B.Koshy, Judge) 16th October, 2008 (K.P.Balachandran, Judge) tkv MFA 1574/96 5 J.B.Koshy & K.P.Balachandran, JJ. --------------------- M.F.A.No.1574 of 1996 --------------------- JUDGMENT 16th October, 2008