IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 MACA.NO. 736 OF 2006() ------------------------------------- OPMV.247/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANTS ------------------------------------------ 1. SRI.BINNO JERALD LUIZ, S/O.LAWRENCE LUIZ KD PLOT, HOUSE NO.X 349, KARIPAI ROAD, EDAPPALLY NORTH VILLAGE, KALAMASSERY. 2. MASTER ELTON JOHN LUIZ (MINOR) S/O.SRI.BINNO JERALD LUIZ, AGED 1 YEARS, REP. BY HIS FATHER AND BY NATURAL GUARDIAN SRI.BINNO JERALD LUIZ. BY ADV. SRI.K.P.VIJAYAN SRI.V.M.SYAM KUMAR RESPONDENT(S) - RESPONDENTS: ---------------------------------------------- 1. BIJU JOY, JOY BHAVAN, VAZHAPPILLY VILLAGE, CHANGANASSERY, KOTTAYAM. 2. SABU GEORGE, CHEMPUTHARA HOUSE, CHANGANASSERY, KOTTAYAM. 3. ORIENTAL INSURANCE CO.LTD., KOTTAYAM-4. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 SRI.VARGHESE JOHN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = = M.AC.A. No.736 of 2006 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 21st day of November, 2008 J U D G M E N T ---------------------- Koshy, J. Wife of the first appellant sustained fatal injuries in a motor accident on 9.7.1998. Her husband and one year old son filed the application for compensation of Rs.15,00,000/-. Tribunal awarded only Rs.2,73,000/-. Insurance coverage for the offending vehicle is admitted. Only dispute is regarding quantum of compensation. 2. According to the appellants, deceased was the Administrative Secretary of Choice group of Institutions at Palluruthy and she was working there for five years drawing a monthly salary of Rs.5,000/-. Even though it is stated that the pay slip showing salary was produced, that was not marked in evidence. She was looking after the needs of her husband and child and the services of a housewife is not valueless. In the absence of clear evidence as to the income, we are of the opinion that the Tribunal ought to have fixed at least Rs.3,000/- as the monthly salary of the deceased as against Rs.1,500/- fixed by the Tribunal. From Rs.3,000/-, 1/3rd has to be deducted M.A.C.A. No.736 of 2006 -: 2 :- towards personal expenses. So the monthly contribution will be Rs.2,000/-. Considering the fact that the deceased was only 26 years of age at the relevant time, Tribunal adopted 18 as the multiplier, taking guidelines from the Second Schedule of the Motor Vehicle Act which we find no reason to interfere. Therefore, compensation for loss of dependency and contribution will be Rs.4,32,000/-. Tribunal has awarded Rs.2,16,000/- on that count. Though the learned counsel for the appellants contended that compensation awarded on other counts are also low, considering the total compensation awarded, we are not enhancing the compensation awarded on other counts. So the Appellants are entitled to an additional compensation of Rs.2,16,000/- over and above the compensation awarded by the Tribunal which will carry interest at the rate of 7.5% per annum from the date of application till realisation. The third respondent is directed to deposit the said amount. On deposit, the first appellant is permitted to withdraw 1/3rd. The balance amount should be deposited in the Fixed Deposit in a Nationalised Bank in the name of the second appellant enabling him to withdraw the same when he attains 21 years. If any M.A.C.A. No.736 of 2006 -: 3 :- amount is required for his educational purposes, interest accrued can be withdrawn as allowed by the Tribunal. Appeal is allowed in part. J.B. KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. vsv