IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 MACA.No. 880 of 2006(G) ------------------------------- OPMV.3346/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANTS/ORIGINAL PETITIONERS : ------------------------------------------------ 1. SUJATHA, 42 YEARS, W/O.LATE NANDAKUMAR, KIDANGANETH HOUSE, PALLURUTHY, NOW RESIDING AT KUMBATHIL HOUSE, KANJIRAMATTOM KARA, AMBALLORE VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 2. SANDHYA, 14 YEARS, D/O.LATE NANDAKUMAR (ATTAINED MAJORITY DURING PENDENCY OF O.P. & COURT BELOW RECORDED MAJORITY) KIDANGANETH HOUSE, PALLURUTHY, NOW RESIDING AT KUMBATHIL HOUSE, KANJIRAMATTOM KARA, KANAYANNUR TALUK, AMBALLURE VILLAGE, ERNAKULAM DISTRICT. 3. SANGEETHA, 11 YEARS, MINOR, D/O.LATE NANDAKUMAR, REP. THROUGH GUARDIAN AND MOTHER IST APPELLANT, KIDANGANETH HOUSE, PALLURU- THY, NOW RESIDING AT KUMBATHIL HOUSE, KANJIRAMA- TTOM KARA, AMBALLORE VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.V.K.ISSAC SRI.K.K.APPU SRI.ISAC SANJAY MACA.No. 880 of 2006(G) RESPONDENTS/RESPONDENTS & 4TH PETITIONER : ---------------------------------------------------------------- 1. SULABHA, KIDENGANEZHATH HOUSE, PALLURUTHY, COCHIN-6. 2. SAJITH KUMAR, KIDANGANEZHATH HOUSE, PALLURUTHY, COCHIN-6. 3. ORIENTAL INSURANCE CO. LTD., KOCHI-35. 4. VASU, S/O.KORU, KIDANGANEZHATHU HOUSE, PALLURUTHY, COCHIN-6. ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM - R.1,R2 SRI.P.JACOB MATHEW (SR.), SC - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING : J.B.KOSHY & THOMAS P. JOSEPH, JJ. ------------------------------------------------------- M.A. C.A No. 880 of 2006 ----------------------------------- Dated this the 5th day of November, 2008 J U D G M E N T J.B.KOSHY,J . Husband of the first appellant sustained fatal injuries in an accident on 1/08/1999. He was aged 46 years at the time of accident. Tribunal found that accident occurred due to the negligence of the driver of the vehicle, insured by the 3rd respondent. However, against a claim of Rs.7,00,000/-, amount awarded was only Rs.3,42,000/-. Only quantum of compensation is disputed in this appeal. At the time of accident, deceased was employed in Kerala State Civil Supplies Corporation, a State Govt. Enterprise and was drawing salary of Rs.4,942/- per month. Taking note of the fact that his wife got compassionate appointment subsequently in the Corporation, tribunal took only Rs.3,000/- as his monthly income and deducting 1/3 for personal expenses, Rs.2,000/- per month was taken for assessment of loss of dependency. Contention of the appellants is that if the deceased continued in the employment, there would have been periodical wage M.A. C.A No. 880/2006 2 revision, yearly increment, grade promotion etc., and would have got three times of the monthly income as earning. Pension at the time of retirement will be calculated on that amount along with his salary Rs.4,942/-. Taking future prospects, higher amount ought to have been fixed. It is further argued that even if he died otherwise than in the motor accident, the first appellant could have got compassionate appointment and while awarding compensation, that aspect could not have been included. We are of the opinion that compassionate appointment in this case is a relevant factor to be considered while granting compensation. Tribunal awarded only Rs.2,000/- for loss of dependency. But considering the family income,salary at the time of death, we are of opinion that at least Rs.3,000/- ought to have been taken for monthly loss of dependency. If that so, compensation payable will be Rs.4,68,000/- and after deducting Rs.3,12,000/- already awarded, additional compensation payable will be Rs.1,56,000/-. Third respondent, Insurance Company is directed to deposit the said amount of Rs.1,56,000/- with 7.5% interest from the date of application till its deposit, over and above the amount decreed by the tribunal. On deposit M.A. C.A No. 880/2006 3 of the said amount, 4th petitioner, father is allowed to withdraw a consolidated sum of Rs.15,000/-. Out of balance amount, 1/3 is allowed to be withdrawn by the first appellant. Rest of the amount is allowed to be withdrawn by appellants 1 to 3 in equal proportion. J.B.KOSHY,JUDGE THOMAS P. JOSEPH, JUDGE scm