IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 1367 of 2002()
1. LETHA, D/O. BHARATHY,
... Petitioner
2. BHAVANI (MOTHER OF THE DECEASED) OF DO.
3. CHANDRALEKSHA (D/O. DECEASED) MINOR.
Vs
1. ALI UMMER KUNJU, VILAYIL VEEDU,
... Respondent
2. NAZEEM C., THAIKKAVINTE THEKETHIL,
3. THE MANAGER, NEW INDIA INSURANCE
For Petitioner :SRI.N.ANILKUMAR
For Respondent :SRI.S.ABHILASH
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :15/02/2008
O R D E R
J.B. Koshy & K.Hema, JJ.
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M.F.A. No. 1367 of 2002
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Dated this the 15th day of February, 2008
Judgment
Koshy,J.
Husband of the first appellant sustained fatal injuries in
a motor accident on 30.8.1994 and he succumbed to the injuries on
1.9.1994. At the time of the accident, she was carrying a child and
child was delivered after four months of the accident. She along
with the infant child and mother of the deceased together filed an
application for compensation claiming an amount of Rs.7,00,000/-.
The tribunal found that the accident occurred due to the negligence
of the driver of the vehicle insured by the third respondent
insurance company and directed the insurance company to deposit
the compensation. However, total compensation awarded was only
Rs.1,96,600/= with interest. Quantum of compensation alone is
disputed in this appeal.
2. According to the claimants, the deceased was
employed as a head load worker and he was getting Rs.3,000/- per
month, but, unfortunately, the widow was not able to produce any
documentary evidence regarding the income, even though it was
M.F.A.No. 1367/2002 2
stated that the deceased was employed as a head load worker
attached to the Indian Rare Earths Limited. He was maintaining a
family consisting of his wife and mother. Even if he gets Rs.100/-
per day as monthly income and he might have got 24 to 25 days
work in a month, Rs.2,400/- can be taken as the monthly income
and after deducting one-third, Rs.1,600/- can be taken as the
monthly loss of dependency. He was aged 24. His young widow, the
child in the womb and the mother were orphaned. He was the sole
bread winner of the family. Considering his age and taking
guidance from the second schedule, 17 is the apt multiplier. Even
though it was argued that a higher multiplier should be taken, we
are not changing the same in view of the guidelines fixed in the
second schedule. If that be so, compensation payable for the loss of
dependency will be Rs.3,26,400/- (Rs.1600 x 12 x 17). The tribunal
has awarded only an amount of Rs.1,53,600/-. Therefore, claimants
are entitled to an additional amount of Rs.1,72,800/- over and above
the amount decreed by the tribunal. Even though it is contended
that compensation awarded under other heads are also inadequate,
we are not changing the same considering the total amount. Out of
the additional amount of Rs.1,72,800/- second appellant mother is
allowed to withdraw Rs.25,000/- and out of the balance amount
M.F.A.No. 1367/2002 3
Rs.1,00,000/- should be allowed to be withdrawn by the first
appellant widow. Balance amount should be deposited in a
nationalised bank enabling the third appellant child to withdraw the
same at the age of 21 or at the time of her marriage whichever is
earlier.
The appeal is allowed to the above extent.
J.B.Koshy
Judge
K. Hema
Judge
vaa
M.F.A.No. 1367/2002 4
J.B. KOSHY
AND
K.HEMA ,JJ.
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M.F.A. No. 1367 of 2002
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Judgment
Dated:15th February, 2008