IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 1057 of 2001()
1. SREEDEVI
... Petitioner
Vs
1. T.A. DASAN
... Respondent
For Petitioner :SRI.ANCHAL C.VIJAYAN
For Respondent :SRI.MATHEWS JACOB
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice V.GIRI
Dated :07/08/2007
O R D E R
J.B.KOSHY & V.GIRI,JJ.
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M.F.A.NO.1057 of 2001
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Dated this the 7th day of August, 2007.
JUDGMENT
KOSHY,J.
The husband of the first appellant, at the age of
33 years, met with a serious motor accident on 16.8.1993
and he died, due to the injuries suffered in the accident. A
claim petition was filed by the widow of the deceased, along
with two minor children, claiming a compensation of
Rs.10,70,000/-. The tribunal found that the accident
occurred due to the negligence of the driver of the lorry
insured by the 2nd respondent insurance company.
However, the tribunal awarded only a total compensation of
Rs.1,99,700/-. The quantum of compensation is disputed in
this appeal.
2. It is the contention of the appellants that the
deceased was drawing Rs.3,000/- per month as an
Accountant and Auditor and a certificate was also produced
to that effect. The tribunal did not accept the same as the
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person who issued the certificate was not examined. Apart
from the production of S.S.L.C book, the appellants have
not produced any other certificate showing that the
deceased was having any special educational qualification to
work as an Accountant. Any way, he must have been
writing accounts in the jewelery shop.
3. Considering the fact that the accident
occurred in 1993 and he was maintaining a family (wife and
two small children), we fix Rs.1,800/- as his monthly income.
If that be so, the loss of dependency can be calculated at
Rs.1,200/- per month. The tribunal has taken 17 as the
multiplier, taking guidelines from the second schedule. The
three member bench in Smt.Supe Dei & ors v.
M/s.National Insurance Company & Anr. {JT 2002
(Suppl. 1) SC 451} held that Second Schedule of the Motor
Vehicles Act, though framed for determining the claim made
under Section 163 A, it can also be taken as a guideline
while determining the compensation under Section 166 of
the Act. Even though it is argued that considering the
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present life span, a higher multiplier ought to have
been adopted, we are of the view that no enhancement is
necessary. According to us, the correct multiplier has been
adopted. If that be so, the compensation payable will be:
1200 x 12 x 17 = Rs.2,44,800/-.
The tribunal has awarded Rs.1,63,200/- on account of loss
of dependency. The balance amount payable by the
insurance company will be Rs.81,600/-.
4. It is argued that the wife was only aged 26
years at the time of accident and there is nobody to look
after them and they are helpless. The appellants contend
that the compensation awarded on all other counts are very
small. But, considering the total compensation awarded, we
are not inclined to enhance the compensation on any other
count. The additional compensation of Rs.81,600/- should
be deposited by the 2nd respondent insurance company with
7.5% interest from the date of application, till the date of
deposit. On deposit of the above amount, Rs.25,000/- can
be withdrawn by the first appellant widow of the deceased,
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and the balance should be deposited equally in the name of
the minor children, so as to fetch maximum rate of interest
in a Nationalised Bank till they attain majority.
Appeal is allowed to the above extent.
Sd/-
(J.B.KOSHY)
JUDGE
Sd/-
(V.GIRI)
JUDGE
sk/
//true copy//
M.F.A.NO.1057 of 2001
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J.B.KOSHY & V.GIRI,JJ.
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M.F.A.NO.1057 of 2001
JUDGMENT
7th August, 2007.