IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 MFA.No. 185 of 2002() ------------------------------ OPMV.1353/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: PETITIONER IN O.P. (MV) ------------------------------------------------------- LAKSHMI, W/O. KUTTAPPAN, KANNAMBILLY HOUSE, NALUKETTU P.O., MURINGOOR, MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS ----------------------------------------------- 1. MATHEW VARGHESE, APPRATH HOUSE, KURUPPAMPADI P.O., PERUMBAVOOR, KUNNATHUNADU TALUK. 2. GEORGE, S/O. ISSAC, KATHIYALAM HOUSE, PALAMKUZHI VILLAGE, KUNNATHUNADU TALUK. 3. UNITED INDIA INSURANCE CO. LTD., PERUMBAVOOR P.O. ADV. SRI.M.A.GEORGE FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- M.F.A.NO.185 OF 2002 ---------------------------------------------------- Dated this the 18th day of June, 2008. JUDGMENT Koshy, J: A 22 years old youngster sustained fatal injuries in a motor accident on 30.5.1993. Against a claim of Rs. Ten lakhs, the Tribunal has awarded only an amount of Rs.58,200/= (the Tribunal mistakenly calculated the total figure as Rs.68,000/=). The Tribunal has taken only Rs.900/= as the monthly income and calculated the compensation. It is the case of the claimant that she lost her husband at a very young age and she was fully depending on the deceased son for her livelihood. We are of the view that the monthly income calculated by the Tribunal is extremely law. Mother of the deceased has stated that she and her daughter were depending entirely on the deceased for her maintenance. She has five daughters. She also stated that the deceased had been giving her Rs.200/= per day for the expenses of the family. The Tribunal has fixed Rs.900/= as his monthly income. The claimant's case that the deceased was getting Rs.200/= per day, which is not supported by any evidence. He was the only earning member of a large MFA.185/2002 . 2 family and all the members were depending upon him for their livelihood. He was an auto rickshaw driver. In any event, if a lowest estimate is taken, he may get at least Rs.100/= per day and he may get 25 days work in a month. Hence, Rs.2,500/= can be fixed as his monthly income. His yearly income is Rs.30,000/=. One third has to be deducted for personal expenses and his contribution to the family per year is Rs.20,000/=. With regard to the multiplier, since the widowed mother is fully depending upon him, there cannot be any doubt that even after his marriage, he will support her and his income also will increase. According to the claimant, she was aged 46 years when her son died. But the Tribunal fixed the age as more than 55 after going through the legal heir ship certificate issued by the Tahsildar. It is stated that she was aged 61 in the year 1999. So, she was aged 55 at the time when the accident occurred. 8 is the apt multiplier. If that be so, the compensation payable will be Rs.1,60,000/=. Therefore compensation payable for loss of dependency and family contribution assessed is Rs.1,60,000/=. The Tribunal has awarded only an amount of Rs.43,200/= for loss of dependency. That has to be deducted. So, the additional amount payable will be Rs.1,16,800/=. It is contended that compensation awarded under other heads was very MFA.185/2002 . 3 meager, considering the total amount, we are not interfering with the same. The additional amount of Rs.1,16,800/= should be deposited by the 3rd respondent insurance company with 7% interest from the date of application till the deposit over and above the decreed amount. On deposit of the amount, the appellant is allowed to withdraw the same. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. cl MFA.185/2002 . 4 J.B. KOSHY & P.N. RAVINDRAN, JJ. M.F.A.NO.185 OF 2002 JUDGMENT 18th day of June, 2008.