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ELSY JOSE versus V.M.ABBAS

High Court of Kerala

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ELSY JOSE v. V.M.ABBAS - MFA No. 323 of 2000 [2007] RD-KL 9979 (11 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 323 of 2000()

1. ELSY JOSE
... Petitioner

Vs

1. V.M.ABBAS
... Respondent

For Petitioner :SRI.P.V.BABY

For Respondent :SMT.P.A.REZIYA

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice K.P.BALACHANDRAN

Dated :11/06/2007

O R D E R

J.B.KOSHY & K.P.BALACHANDRAN, JJ.

M.F.A.No.323 OF 2000 Dated 11th June, 2007

JUDGMENT

Koshy,J

. Husband of the first appellant died in a motor accident on 7.7.1994 at the age of 40. The young widow with two minor children and mother of the deceased filed an application for compensation claiming a total amount of Rs.5,00,000/=. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company. It was further found that the deceased was travelling with the goods of the employer and is covered under the insurance policy. The total compensation awarded was Rs.2,23,500/=. Only quantum of compensation is disputed in this appeal. Taking guidance from the second schedule, the Tribunal fixed 16 as the multiplier. We see no ground to enhance the multiplier fixed by the Tribunal. In this connection, we also refer to the three member bench decision of the Supreme Court in Smt.Supe Dei and others v. M/s.National Insurance Company Ltd. and another (JT 2002 (Suppl.1) SC 451). It is the case of the appellants that the deceased was employed as Manager of a Saw Mill owned by the Kerala Industrial and Marketing Company and he was getting MFA.323/2000 2 Rs.4,000/= per month. Ext.A7 certificate was issued by the proprietor of the company stating that the deceased was working as Manager-cum-authorised representative and was getting a monthly salary of Rs.4,000/= apart from other benefits. It is the case that apart from Rs.4,000/= as fixed income, he was also getting some amount by way of commission. The Tribunal did not accept Ext.A7 certificate because the proprietor who issued the certificate was not examined and the certificate has no date. However, no counter evidence was adduced to discredit the evidence of PW1 that the deceased was getting more than Rs.4,000/= per month. The Tribunal has taken only Rs.1,500/= as monthly income. We are of view that the above is a very low amount. He was maintaining a family. He was employed as Manager in a Saw Mill and he met with the accident when he was travelling with the goods as a representative of the above mill. In the above circumstances, we are of the opinion that at least Rs.2,700/= should be fixed as monthly income. One third has to be deducted and Rs.1,800/= will be the monthly loss of dependency. If that be so, compensation payable for loss of dependency will be Rs.1,800 x 12 x 16 = 3,45,600/=. The Tribunal has awarded only Rs.1,92,000/= for loss of dependency. Thus, the appellants are entitled to an additional amount of MFA.323/2000 3 Rs.1,53,600/=. It is contended that children were minor and wife was aged only 34 and compensation awarded for loss of consortium, loss of love and affection and fatherly care to the children etc. are very low. Considering the total amount granted, no further enhancement is necessary under other heads. The additional amount of Rs.1,53,600/= should be deposited by the third respondent insurance company with 7% interest from the date of application till its deposit. On deposit of the amount, Rs.25,000/= shall be disbursed to the 4th appellant mother. Appellants 1 to 3 are entitled to get the balance amount in equal proportion. Amounts due to the minors shall be deposited in a Nationalized bank allowing them to withdraw the amount when they attain majority. The appeal is partly allowed. J.B.KOSHY

JUDGE

K.P.BALACHANDRAN

JUDGE

tks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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