IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 MACA.No. 690 of 2003 ------------------------------------ OPMV.854/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANTS/PETITIONERS: 1. DHANALEKSHMI, W/O.RAJENDRAN, PUTHUVELIL VEEDU, VELIMALA, EDAMAN VILLAGE, PATHANAPURAM TALUK. 2. RAJESH.R. S/O.RAJENDRAN, DO. DO. 3. RAMESH, S/O.RAJENDRAN, DO. DO. 4. JAYALESKHMI, S/O.RAJENDRAN, DO. DO. BY ADV. SRI.P.K.RAVI KRISHNAN RESPONDENTS/RESPONDENTS: 1. THE DIRECTOR, M/S.HARIG INDIA LTD., G.T.GODNAGAR, GAZIBAD, STATE OF UTHAR PRADESH. 2. NABAB ALI, S/O.ZABAD DIN, MOHILLA PATHORA, GAZIBHAD, U.P. 3. M/S.NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, KOLLAM(REP. M/S.NATIONAL INSURANCE CO.LTD., NAVARYOG MARKET, GAZIBAD, U.P.). ADV. SRI.PAVITRA MOHAN SHARMA FOR R1 SRI.PRASAD CHANDRAN FOR R1 SRI.RAJAN P. KALIYATH,SC FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.690 of 2003 --------------------------------- JUDGMENT Balachandran, J. A 21 year old youngster, driver by profession, succumbed to the injuries sustained to him in a motor accident, as the truck bearing Reg.No.DBL 2822, driven by the second respondent, wherein he was a passenger, collided against another truck, which was parked by the side of the road. His parents, brothers and sister filed claim petition before the Tribunal claiming a total amount of Rupees Five lakhs by way of compensation. While the claim petition was pending, the first claimant, who was the father of the deceased, passed away. The Tribunal passed award in favour of claimants 2 to 5 for an amount of Rs.1,62,600/-. Claimants 2 to 5 have preferred this appeal claiming enhancement in compensation. Sufficiency or otherwise of the claim for enhancement alone is involved for MACA 690/03 2 decision in this appeal and hence we are considering that aspect alone. 2. The Tribunal has assessed the compensation fixing a notional income of Rs.1,400/- per month and adopting the multiplier 13. The deceased being a youngster aged 21 and driver by profession, his income in 1996 can safely be estimated and fixed notionally at Rs.2,500/- per month. Further, the Tribunal has adopted only 13 as the multiplier. The mother of the deceased, who is the first appellant, was only aged 42 and going by the guidelines in the second schedule to the Motor Vehicles Act, 15 could be taken as the multiplier. But, considering the fact that after marriage dependency would get diminished, we adopt only 13 as the multiplier, as fixed by the Tribunal. The compensation for loss of dependency will, therefore, be Rs.2,60,000/- (2500 x 12 x 2/3 x 13). The Tribunal has awarded only an amount of Rs.1,45,600/- towards loss of dependency. Hence, MACA 690/03 3 the appellant would be entitled to an additional amount of Rs.1,14,400/-. The amounts awarded under other heads are just and reasonable and no enhancement is required. The appellant will, therefore, be entitled to an additional compensation of Rs.1,14,400/- with interest thereon at 7.5% per annum from the date of application till its deposit. The said amount shall be deposited by the third respondent Insurance Company within two months from today. On deposit of the amount, appellants 1 to 4 /claimants 2 to 5 are allowed to receive the same in the proportion and in the manner in which the award amount was ordered to be disbursed to them by the Tribunal. Appeal is allowed in part. (J.B.Koshy, Judge) 21st October, 2008 (K.P.Balachandran, Judge) tkv