IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 268 of 2003()
1. A.SANTHA BAI,
... Petitioner
2. S.S.ANILKUMAR,
Vs
1. THE MANAGING DIRECTOR,
... Respondent
2. VARGHESE ALIAS JOHNSON,
3. KRISHNAN KUTTY ALIAS KRISHNAN,
For Petitioner :SRI.L.MOHANAN
For Respondent :SHRI.JOHNSON P.JOHN, SC, KSRTC
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :05/11/2008
O R D E R
J.B.KOSHY & THOMAS P. JOSEPH, JJ.
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M.A. C.A No. 268 of 2003
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Dated this the 5th day of November, 2008
J U D G M E N T
J.B.KOSHY,J.
First appellant’s son died in a motor accident on 21/06/1999.
First appellant, her husband and her son filed an application for
compensation claiming an amount of Rs.4,00,000/-. The tribunal found
that the accident occurred due to the negligence of the driver of the bus
owned by the first respondent, Kerala State Road Transport Corporation.
However, against a claim of Rs.4,00,000/- amount awarded was only
Rs.1,33,524/-. Only quantum of compensation is disputed in this appeal.
During pendency of the application, father of the victim died.
2. It is submitted that deceased was a graduate and was earning
Rs.4,000/- per mensum from tuition and music classes. The tribunal has
taken only Rs. 2,000/- per month as notional income. It is the contention
that being a graduate high income ought to have been taken. Considering
the fact that his age was 25 years at the time of accident and being a
graduate, we are of the opinion that Rs.2,500/- ought to have been taken as
monthly income (i.e. Rs.30,000/- per year). After deducting 1/3 for
personal expenses, Rs.20,000/- is the loss of dependency to the family. The
M.A. C.A No. 268/2003
2
tribunal has taken 11 as the multiplier. It was argued that, even though
multiplier taken was on the higher side, multiplicant taken is very low.
Considering the age of the claimants, tribunal fixed 11 as the multiplier.
There is no ground to enhance the same. Therefore the compensation
payable for loss of dependency claim is Rs.2,20,000/-(20000×11). Tribunal
awarded only Rs.96,024/-. Hence additional compensation payable for loss
of dependency is Rs.1,23,976/-. In the above circumstances, we direct the
first respondent to deposit Rs.1,23,976/- over and above the amount
decreed by the tribunal with 7.5% interest from the date of application till
the date of deposit. On deposit of the amount, appellants/petitioners are
allowed to withdraw the same in equal proportion. Appeal is partly
allowed.
J.B.KOSHY,JUDGE
THOMAS P. JOSEPH, JUDGE
scm