IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 615 of 2003()
1. BABU, S/O. AUGUSTINE,
... Petitioner
2. GRACY, W/O. BABU, VARICATTU HOUSE,
3. ARUN, S/O. BABU, VARICATTU HOUSE,
4. AJANA BABU, D/O. BABU,
Vs
1. ARUL ARASAN, S/O. CHOKKALINGAM,
... Respondent
2. A. DEVARAJAN, S/O. ADIMOOLAM,
3. UNITED INDIA INSURANCE CO.LTD.,
4. SABU, S/O. M.V. PHILIP,
5. T.V. ANTO, S/O. VARU, THALIYATHU HOUSE,
6. NEW INDIA ASSURANCE CO.LTD., TRICHUR.
For Petitioner :SRI.GEORGEKUTTY MATHEW
For Respondent :SRI.M.JACOB MURICKAN
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :18/08/2008
O R D E R
J.B. Koshy & Thomas P. Joseph, JJ.
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M.A.C.A. No. 615 of 2003
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Dated this the 18th day of August, 2008
Judgment
Koshy,J.
Daughter of the first two appellants died in a motor accident
on 1.1.1998. The parents, brother and sister of the deceased girl filed an
application for compensation claiming an amount of Rupees Five lakhs. The
Tribunal awarded Rs.1,25,000/- and directed the insurance company of the
offending vehicle (third respondent) to deposit the amount with 9% interest
from the date of application. The only dispute is regarding the quantum of
compensation. The deceased was aged 18 years at the time of accident. It
is the contention of the appellant that the deceased was a brilliant student.
She scored 542 marks out of 600 in the S.S.L.C. examination and 362 marks
out of 500 in the pre-degree examination and she was attending coaching
classes for entrance examination for MBBS at the time when the accident
occurred. It is true that she was a non-earning member. As per the second
schedule, notional income of a non-earning person is Rs.15,000/- per year.
One-third has to be deducted for personal expenses. If the age of the
deceased is considered, 16 is the apt multiplier, but, the mother of the
deceased was between 45 and 50. So, taking guidance from the second
schedule, we take 13 as the multiplier. If that be so, after deducting one-third
M.A.CA.No.615/2003 2
of the notional income, compensation payable will be Rs.10000 x 13 =
Rs.1,30,000/-. The Tribunal has awarded Rs.23,000/- for pain and suffering,
medical expenses, loss of love and affection, loss of estate, funeral expenses
etc. So, that has also to be added. Therefore, total compensation payable
will be Rs.1,53,000/-. From that, Rs.1,25,000/- awarded by the Tribunal has to
be deducted. So, additional compensation payable will be Rs.28,000/-. The
above Rs.28,000/- should be deposited by the third respondent insurance
company with 7.5% interest from the date of application till its deposit. On
deposit of the amount, appellant Nos.1 and 2 are allowed to withdraw the
same on equal proportion.
J.B.Koshy
Judge
Thomas P. Joseph
Judge
vaa
M.A.CA.No.615/2003 3
J.B. KOSHY
AND
THOMAS P.JOSEPH,JJ.
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M.A.C.A. No.615/2003
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Judgment
Dated:18th August, 2008