High Court Kerala High Court

The Managing Direcotr vs R. Johnson on 21 October, 2008

Kerala High Court
The Managing Direcotr vs R. Johnson on 21 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 595 of 2003()


1. THE MANAGING DIRECOTR, NESAMONY
                      ...  Petitioner

                        Vs



1. R. JOHNSON, S/O. RAMU NADAR,
                       ...       Respondent

2. VIJITHA (MINOR), D/O. DECEASED

3. BIJU (MINOR), S/O. DECEASED

4. VIJITH (MINOR), S/O. DECEASED

                For Petitioner  :SRI.SUBHASH CYRIAC

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :21/10/2008

 O R D E R
               J.B.KOSHY & K.P.BALACHANDRAN, JJ.
                        --------------------------------------
                       M.A.C.A.No.595 OF 2003
                         -------------------------------------
                        Dated 21st October, 2008

                                 JUDGMENT

Koshy,J.

Wife of the first respondent and mother of respondents 2 to 4

died in a motor accident. The Tribunal found that the accident occurred

due to the negligence of the driver of the appellant and appellant was

directed to deposit a compensation of Rs.3,04,800/= with interest. The

contention of the appellant is that quantum of compensation awarded by

the Tribunal was excessive. The deceased lady was a vegetable

merchant. According to the claimants, her monthly income was

Rs.3,500/=. The Tribunal has taken only Rs.1,800/= as the monthly

income. Contention of the appellant is that the income of the deceased

was not proved and, therefore, Rs.1,800/= ought not have been fixed as

the monthly income. Oral evidence was adduced to show that the

deceased was doing vegetable business. No counter evidence was

adduced. Apart from the above, she was the mother of three minor

children. Services rendered to the family as a house wife, mother of

three minor children and a wife cannot be under-estimated and those

services are not valueless. Therefore, Rs.1,800/= fixed as the monthly

income cannot be termed as excessive. One third was deducted and

MACA.595/2003 2

Rs.1,200/= was taken as the monthly loss of family contribution and

calculated compensation. Since the deceased was aged 35, 17 was

taken as the multiplier taking guidance from the second schedule.

We are of the opinion that the multiplicand taken was only a paltry

amount. It has been repeatedly held by the Apex Court that second

schedule should be taken as a guideline for fixing multiplier. We are

of the opinion that the compensation awarded by the Tribunal is just

and reasonable and no interference is required in the same.

The appeal is dismissed.

J.B.KOSHY
JUDGE

K.P.BALACHANDRAN
JUDGE

tks