IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 MFA.No. 602 of 2002() --------------------- OPMV.2407/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANTS:PETITIONERS: ------------------------------------------- 1. YESODHARAN, S/O.KOCHURAMAN, AGED 52 YEARS, VELMURUGHA BHAVAN, PULIYOOR VANCHI, VADAKKEMURI, THAZHAVA P.O., THODIYOOR, KARUNAGAPPALLY.(F/O. DECEASED) 2. KOMALAVALLY, AGED 43 YEARS,(M/O.DECEASED VELMURUGHA BHAVAN, THAZHAVA P.O., THODIYOOR, KARUNAGAPPALLY. 3. PADMAKUMAR, AGED 20 YEARS, (B/O.DECEASED), S/O.YESODHARAN, DO.DO. 4. SREEKUMAR, AGED 28 YEARS(B/O.DECEASED) S/O.YESODHARAN, DO. 5. LATHA, AGED 26 YEARS,(D/O.DECEASED), D/O.YESODHARAN, DO.DO. BY ADV. SRI.A.MOHAMMED SRI.M.SAJJAD RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD & TRANSPORTING CORPORATION, CHIEF OFFICE, THIRUVANATHAPURAM. Kss ..2/- ...2.... M.F.A.NO.602/2002 2. P.VASAVAN, DRIVER, K.S.R.T.C., KARUNAGAPPALLY. 3. JOSEPH SEBASTIAN, KARUCHIKAPARAMBIL VEEDU, FATHIMAPURAM P.O., CHENGANNOOR. 4. P.K.MOHAMMED SALIM, PALAMUTTATH VEEDU, EDAKULANGARA P.O., KARUNAGAPPALLY P.O., KOLLAM DISTRICT. 5. THE BRANCH MANAGER, M/S.ORIENTAL INSURANCE CO LTD., BRANCH OFFICE, KANNEL COMPLEX, P.B.NO.11, BANK ROAD, KAYAMKULAM. R5 BY ADV. SRI.MATHEWS JACOB THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.602 OF 2002 ------------------------------------- Dated 11th February, 2008 JUDGMENT Koshy,J . A youngster aged 22 years died in a motor accident. His parents, two brothers and sister filed an application for compensation. Tribunal found that the accident occurred due to the negligence of the second respondent driver of the vehicle owned by the first respondent and first respondent was asked to deposit the compensation. It was claimed that the deceased was running a stationery shop. His monthly income was Rs.4,500/=. Ext.A1 was produced to show that he was a licencee for running a shop, but, no evidence was adduced regarding the income of the deceased. In the absence of evidence, Tribunal fixed Rs.2,000/= as the monthly income and calculated the compensation. In the absence of data, we see no ground to enhance the monthlyh income fixed by the Tribunal. One third of the above has to be deducted for fixing the multiplicand. Mother of the deceased was aged 43 and father was aged 52 years. It is true that for calculating compensation under Section 166 of the Motor Vehicles Act in case of death age of the victim cannot be taken for fixing the multiplier. Considering the age of the victim, 17 is the apt multiplier. But, if age of the father (52 years) is taken into consideration, the apt multiplier is 11 and if age of the mother MFA.602/2002 2 (43 years) is taken into consideration, the apt multiplier is 13. Considering the average age of the claimants, we take 12 as the multiplier. If that be so, compensation payable for death and loss of family contribution will be Rs.1,91,952/= (1333 x 12 x 12). Tribunal has granted only Rs.96,000/=. Hence, the additional compensation payable under that head will be Rs.95,952/=. Compensation granted under other heads are just and reasonable. The above amount of Rs.95,952/= should be deposited by the first respondent with 7.5% interest from the date of application till its depsoit, over and above the compensation awarded by the Tribunal. On deposit of the amount, first and second appellants are allowed to withdraw the same in equal proportion. The appeal is partly allowed. J.B.KOSHY JUDGE K.HEMA JUDGE tks