IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 873 of 2005()
1. NOORJAHAN, AGED 35 YEARS,
... Petitioner
2. SABURA BEEVI, AGED 16 YEARS,
3. ABUTHAGEER, AGED 14,
4. K.MOHAMMED YOUSUF,
5. PATHUMMA, AGED 60 YEARS,
Vs
1. THE ORIENTAL INSURANCE CO. LTD., MANJERI
... Respondent
For Petitioner :SRI.P.SAMSUDIN
For Respondent :SRI.VPK.PANICKER
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :07/11/2008
O R D E R
J.B.KOSHY & THOMAS P. JOSEPH, JJ.
-------------------------------------------------------
M.A. C.A No. 873 of 2005
-----------------------------------
Dated this the 7th day of November, 2008
J U D G M E N T
J.B.KOSHY,J.
Husband of the first appellant died in a motor accident. Tribunal
found that the accident occurred due to the negligence of the driver of
the vehicle, owned by the 2nd respondent and insured by the 3rd
respondent, Insurance Company. Only an amount of Rs.1,68,000/- was
awarded against a claim for Rs.4,00,000/-, which was restricted to
Rs.2,50,000/-. The deceased was 38 years old at the time of accident.
According to the claimants, he was getting Rs.3,000/- per month as a
coolie worker. Claim was filed by his wife,two minor children and
parents. In Kerala even an unskilled worker will get more than Rs.150/-
a day. Even if Rs.100/- per day is taken, he will get Rs.2,500/-per
month (i.e. yearly income will be Rs.30,000/-). After deducting 1/3,
yearly loss of dependency will be Rs.20,000/-. Since the first appellant
was aged 38, taking guidelines from the 2nd schedule, 16 was taken as
the multiplier by the tribunal. Even though it was argued that a high
multiplier ought have been taken due to the increase in expectancy of
M.A. C.A No. 873/ 2005
2
age, we are not changing the same. Thus claimants are entitled to get
Rs.3,20,000/-(20,000×16) for loss of dependency. Tribunal has
awarded only Rs.1,60,000/-. Therefore additional amount payable will
be Rs.1,60,000/-. It is submitted that no amount was granted for loss of
consortium and for loss of love and affection to the children.
Therefore, we award Rs.7,500/- for loss of consortium and Rs.7,500/-
for loss of love and affection to two children together. So, additional
amount payable will be Rs.1,75,000/-. The additional amount of
Rs.1,75,000/- should be deposited by the 3rd respondent, Insurance
Company with 7.5% interest from the date of application till its deposit
over and above the decreed amount by the tribunal. On deposit of the
amount, Rs.15,000/- each should be given to the appellants 4 and 5,
parents. Balance is allowed to be withdrawn by the claimants 1 to 3
(widow and children) in equal shares.
J.B.KOSHY,JUDGE
THOMAS P. JOSEPH, JUDGE
scm