IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 MACA.No. 385 of 2004() ---------------------- OPMV.1229/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/PETITIONERS IN OP (MV) -------------------------------------------------- 1. RAMA, W/O.LATE CHAKKARATH, UNNIKRISHNAN, CHAKKARATH HOUSE, PARAPPUKKARA.P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. SREEDEVI C., (MINOR) AGED 17 YEARS, D/O.LATE UNNIKRISHNAN, REPRESENTED BY HER MOTHER-GUARDIAN 1ST APPELLANT, -DO- -DO- 3. SREEGITHA.C., (MINOR), AGED 13 YEARS, D/O.LATE UNNIKRISHNAN, REPRESENTED BY HER MOTHER-GUARDIAN 1ST APPELLANT -DO- -DO- BY ADVS. SRI.P.V.BABY & SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP (MV) ----------------------------------- 1. M/S.ST.JAMES HOSPITAL, MAIN ROAD, CHALAKUDY. 2. PAULSON.V.K., VETTIYADAN HOUSE, VELLIKULAM ROAD, PANAKKADAN JUNCTION, CHALAKUDY.P.O. 3. UNITED INDIA INSURANCE COMPANY LIMITED, SREEKUMAR BUILDINGS, CHALAKUDY. R3 BY ADV. SRI.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.A.C.A.No.385 of 2004 ===================== Dated this the 22nd day of May, 2008. JUDGMENT Koshy,J. A man aged 34 years sustained fatal injuries in a motor accident on 17.11.1997 and died leaving his young wife and two daughters. The Motor Accidents Claims Tribunal found that the accident occurred due to the negligence of the driver of the ambulance insured by the third respondent - Insurance Company. But against a claim of Rs.6,00,000/-, only Rs.2,58,400/- was granted. The only dispute is with regard to the quantum of compensation. 2. The deceased was aged 34 at the time of death. His wife was aged 27. His eldest daughter was aged 11 and youngest daughter was aged 7 years. He was a newspaper distribution agent. It is the case of the appellants that he was getting Rs.27/- per paper per month. He was distributing Mathrubhumi Daily and Deepika Daily. He was also a vendor of milma milk and for this he was getting a monthly income of Rs.450/-. Exts.A8, A9 and A10 are the certificates issued respectively by the Mathrubhumi Printing and Publishing Company, V.P.Chidambaram, Nandikkara and Deepika agent, which would MACA 385/04 -: 2 :- show that he was getting Rs.7,050/- per month. After distribution, he was doing painting work only and according to the claimants, he was receiving Rs.120/- daily. There was no proper account for the same. But he was maintaining a family and the fact that he was a newspaper distribution agent is not disputed. We are of the opinion that the Tribunal ought to have assessed at least 3,000/- as monthly income. After deducting 1/3rd, Rs.2,000/- can be taken as the loss of family dependency per month. 3. Considering the age of the deceased, the Tribunal fixed 16 as the multiplier. As per the IInd Schedule, for a person aged between 30 and 34, the multiplier is 17. The claimants had a case that considering the age, a higher multiplier should have been adopted, especially considering the fact that he had left with two daughters. We fix 17 as the multiplier. In this connection we refer to the decision of the Supreme Court in 2007 AIR SCW 5689 - APSRTC v. M.Pentaiah Charg. If that be so, the loss of dependency will be Rs.4,08,000/- (2000x12x17). The Tribunal has granted Rs.2,30,400/- towards loss of dependency. So, additional amount payable on this count will be Rs.1,77,600/-. Even though it was argued that the loss of consortium granted was very low, we are not increasing the same. 4. Accordingly, the award is modified. The third respondent - Insurance Company is directed to deposit Rs.1,27,600/- over and above the amount decreed by the Tribunal with 7.5% MACA 385/04 -: 3 :- interest from the date of application till the date of deposit. On deposit of the amount, 1/3rd of the amount is allowed to be withdrawn by the first appellant and the balance amount should be deposited in a Nationalised Bank in the name of appellants 2 and 3 in equal proportion and they are allowed to withdraw the same at the time of their marriages or on attaining the age of 21 whichever is earlier. The appeal is partly allowed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 23/5