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. 349 of 2000(C) --------------------------------- OPMV.1466/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS - PETITIONERS: --------------------------------------- 1. ROSAMMA THOMAS, AGED 36 YEARS, WIDOW OF THOMAS, ALAPPATT, THARUPEEDIKA HOUSE, PUDUKKAD DESOM, THORAVU VILLAGE, PUDUKKAD P.O., MUKUNDAPURAM TALUK. 2. JYOTHIMOL, AGED 10 YEARS (MINOR), D/O. THOMAS, DO. DO. 3. STEPHY THOMAS, AGED 7 YEARS (MINOR), DO. DO. 4. KOCHUTHRESSIA, AGED 63 YEARS, W/O. KUNJIPALU, ALAPPATT THARUPEEDIKA HOUSE, DO. DO. 5. KUNJIPALU, S/O. PAVUNNI, DO. DO. DO. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS - RESPONDENTS: -------------------------------------------- 1. E.K. KRISHNADAS, S/O. KANNAN, ETTUKANDAMTHAZHAKUNIYIL HOSPITAL ROAD, VADAKARA. 2. RAJEEVAN, S/O. GOVINDAN, KUZHICHALIL HOUSE, CHOROD, VADAKARA TALUK, KOZHIKODE. 3. THE ORIENTAL INSURANCE COMPANY LTD. SREENIDHI BUILDINGS, NATIONAL HIGHWAY, VADAKARA. 4. V.P. JOSEP, DEVT. OFFICICER, ORIENTAL INSURANCE COMPANY LTD., CHALAKUDY. 5. THE ORIENTAL INSURANCE CO. LTD., SOUTH JUNCTION, CHALAKUDY. BY ADV. SRI.P.V.JYOTHI PRASAD FOR R5 SRI.KRISHNADAS P. NAIR FOR R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vsv J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.F.A. No. 349 of 2000 --------------------------------------- Dated this the 18th day of June, 2008 Judgment Koshy,J. Husband of the first appellant at the age of 33 died in a fatal accident on 9.9.1995. His widow and two minor children and parents filed an application for compensation of Rs.Seven lakhs. The tribunal found that the accident occurred due to the negligence of the second respondent driver of the vehicle insured by the third respondent insurance company and third respondent insurance company was directed to deposit the amount. The only dispute is regarding the quantum of compensation. Other vehicle involved in the accident was also insured by the same insurance company. The amount awarded by the tribunal was only Rs.2,37,500/-. The only dispute is regarding the quantum of compensation. The tribunal has taken 17 as the multiplier taking guidance from the second schedule as he was aged 33 years. We see no ground to enhance the same. 2. With regard to the monthly income, claimants relied on Ext.A6 salary certificate and it was stated that he was getting Rs.3,000/- as monthly income. The tribunal has taken Rs.1,500/- as M.F.A.No. 349/2000 2 monthly income. He was a trained singer in an orchestra to Popular Mission where orchestra is being played every day. Since director of that institution was not examined, the tribunal did not rely on the same, but, we note that he was maintaining a large family including his wife and two children and parents. He was aged 33 at the time of accident. Taking into account all these aspects, we are of the view that at least Rs,2,500/- ought to have been taken as monthly income and after deducting personal expenses Rs.1,650/- can be taken as the monthly dependency. If that be so, compensation payable for loss of dependency and family contribution will be Rs.1650 x 12 x 17 = Rs.3,36,600/=. The tribunal has granted only Rs.2,04,000/-. Therefore, additional compensation payable will be Rs.1,32,600/-. Even though it is argued that compensation granted under all other heads are inadequate, considering the total amount awarded, we are not enhancing the same. The above additional amount of Rs.1,32,600/- shall be deposited by the third respondent insurance company 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, father and mother of the deceased are allowed to withdraw Rs.30,000/- and balance is allowed to be M.F.A.No. 349/2000 3 withdrawn in equal proportion by appellants 1 to 3. The appeal is allowed partly. J.B.Koshy Judge P.N.Ravindran Judge vaa M.F.A.No. 349/2000 4 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.F.A. No.349 of 2000 ------------------------------------- Judgment Dated:18th June, 2008