IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 914 of 2005()
1. V.T.JOHN, AGED 64 YEARS,
... Petitioner
Vs
1. R.PARVATHAM, W/O.RAJAMANICKAM,
... Respondent
2. S.RAVI, S/O.SELLAPPAN,
3. UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.R.SUDHISH
For Respondent :SRI.MATHEWS JACOB,SC(B/O)
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice V.K.MOHANAN
Dated :24/11/2008
O R D E R
J.B.KOSHY & V.K.MOHANAN, JJ.
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M.A.C.A.No.914 of 2005 - D
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Dated this the 24th day of November, 2008.
J U D G M E N T
KOSHY, J.
A young man of 36 years old sustained fatal injury in a motor
accident occurred on 25.11.1995. Against a claim of Rs.7,00,000/-
filed by his wife and children and an amount of Rs.2,64,000/- was
awarded by the Tribunal. 3rd respondent was directed to deposit the
same. Liability of the 3rd respondent-insurance company was not
disputed. The deceased was travelling in a lorry accompanying
goods. He was also having heavy vehicle driving licence. Ext.A3 is
the driving licence. The Tribunal fixed the monthly income as
Rs.1,800/-. Considering the fact that he is having a heavy vehicle
driving licence, we are of the opinion that Rs.3,000/- claimed by the
claimants as monthly income is not at all excessive. Ext.A2 salary
certificate shows that during the time of accident his monthly
income was Rs.3,000/- and Rs.100/- as daily bata. He was
maintaining a family and considering the age of three minor children
age between 4 to 7 at the time of the accident and since he was a
heavy vehicle driver, we are of the opinion that at least Rs.3,000/-
ought to have fixed as monthly income. Rs.2,000/- can be fixed as
M.A.C.A.No.914 of 2005 – D 2
monthly loss of dependency. If that be so, Rs.24,000/- will be the
yearly loss of dependency. As per the driving licence his age was
36. Taking 2nd schedule for guidance, 16 is the apt multiplier. If
that be so, compensation payable for loss of dependency will be
Rs.3,84,000/-. Tribunal has granted only Rs.2,30,400/-.
Therefore, additional compensation payable for loss of dependency
is Rs.1,53,600/-. It is submitted that considering the young age of
the wife and young age of the children, compensation awarded for
loss of consortium and for love and affection are very low.
However, considering the total amount awarded, we are not
enhancing the compensation of other heads. Therefore, additional
compensation of Rs.1,53,600/- over and above the amount decreed
by the Tribunal, should be deposited by the 3rd respondent-
insurance company with interest at the rate of 7.5% from the date
of application till deposit. On deposit of the amount 1/3 of the
same is allowed to be withdrawn by the 1st appellant and the
balance should be disbursed to the appellants 2 to 4 in equal
proportion.
J.B.KOSHY, JUDGE
V.K.MOHANAN, JUDGE
bkn/-