IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 MFA.No. 1397 of 2001() ---------------------- OPMV.2430/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANTS:APPLICANTS 1 TO 3: ----------- 1. RAHUMATH BEEVI, W/O.M.BASHEER, VALIYATHUTHARA, PADA NORTH, KARUNAGAPALLY, KOLLAM. 2. SIYAD, S/O M.BASHEER, VALIYATHUTHARA, PADA ANORTH, KARUNAGAPALLY, KOLLAM. 3. NAVAS, S/O. M.BASHEER, VALIYATHUTHARA, PADA NORTH, KARUNAGAPALLY, KOLLAM. BY ADV. SRI.S.ABDUL RAZZAK SRI.L.G.SURESH BABU RESPONDENTS: ------------- 1. MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM. 2. P.THOMAS, DRIVER, KSRTC VALLAMTHARA HOUSE, PLAPPUZHA, HARIPPAD. *3. NACHUMMA KUNJU, M/O M.BASHEER, VALIYATHUTHRA, PADA NORTH, KARUNAGAPALLY, KOLLAM (* THE NAME OF THE 3RD RESPONDENT IS STRUCK OUT FROM THE PARTY ARRAY, AT THE RISK OF THE APPELLANT VIDE ORDER DATED 5.12.07 IN I.A.2855/01) R1 BY ADV. SRI.JOHNSON P.JOHNSON. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K. HEMA, JJ. -------------------------------------------- M.F.A.No. 1397 of 2001 -------------------------------------------- Dated this the 10th day of January, 2008. JUDGMENT Koshy, J: A 45 year old person while riding a bicycle was hit by a stage carriage bus owned by the first respondent. The deceased fell down and back wheel of the bus ran over his body and he sustained injury on his head and he passed away instantaneously. His wife, children and aged mother filed application for compensation. The Tribunal found that the accident occurred due the negligent driving of the bus by the 2nd respondent, owned by the first respondent K.S.R.T.C. Against a claim of Rs. 5 lakhs, only an amount of Rs.1,37,000/- was awarded as the total compensation with interest and costs. Only dispute is regarding the quantum of compensation. 2. In Ext.A5 post-mortem certificate, the age of the deceased was shown as 46 years. It is settled law that compensation should be awarded on a multiplier method, on a scientific basis. Deceased was 46 years old. For a motor accident victim aged between 45 and 50 years, the multiplier fixed is 13, as per second schedule. Here the deceased was maintaining a family. The Tribunal fixed Rs.1500/- as M.F.A.1397/01] 2 the monthly income. According to the claimant, his monthly income was Rs.4000/-. The deceased was conducting a fruit stall. We are of the view at least Rs.100/- can be fixed as the daily income and he would have got Rs.25 to 26 days work in a month. If that be so, after deducting 1/3rd the loss of dependency for the family can be fixed as Rs.1650/-. Therefore, the compensation payable for loss of dependency will be Rs. 2,57,400/-(Rs.1650 x12x13). The Tribunal has awarded only Rs.1,08,000/-. So, the additional amount payable will be Rs.1,49,400/-. Counsel for the appellant contended that the compensation awarded for loss of consortium and loss of love and affection etc. are very meagre. Considering the total amount of compensation awarded, we are not increasing the same. The additional amount of Rs.1,49,400/- should be deposited by the first respondent with 7% interest from the date of application till its deposit over and above the amount decreed by the Tribunal. On deposit of the amount, first appellant (wife) is allowed to withdraw 50% of the compensation amount and appellants 2 and 3 are allowed to withdraw the balance in equal proportion. Appeal is partly allowed. Sd/- J.B.KOSHY, JUDGE. Sd/- K. HEMA, JUDGE. Krs. M.F.A.1397/01] 3 J.B. KOSHY & K. HEMA, JJ. -------------------------------------------- M.F.A.No. 1397 of 2001 -------------------------------------------- Dated this the 10th day of January, 2008. JUDGMENT