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K.O. Mathew and Others vs Mohammed M.P. and Others

High Court Of Kerala · Decided on 24 June 2015 · Citation: (2015) 06 KL CK 0125

HON’BLE JUDGES
T.R. Ramachandran Nair, J · K.P. Jyothindranath, J
RESULT
Allowed
CASE NUMBER
M.A.C.A. No. 554 of 2007
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Judgment

7 paragraphs · 392 words

T.R. Ramachandran Nair, J.—The appellants are parents as well as siblings of deceased Joy Mathew who suffered serious injuries in an accident which occurred on 17.10.2002 at about 12 in the midnight. He was riding a motorcycle bearing registration No. KL-11 H 8151 from Nilambur to Kakadampoyil. It was hit by a lorry bearing registration No. KL-11 M 8236. Even though he was taken to the Government Taluk Hospital, Nilambur on the way he died. Total amount claimed is Rs. 7 lakhs.

2.

He was a driver and businessman by profession and aged 28 at the time of accident. Monthly income claimed was at Rs. 8,000/-. But the Tribunal has taken it only at the rate of Rs. 1,500/-. The multiplier taken is 11 based on the average age of mother and father. Finally Rs. 1,52,500/- has been granted by the Tribunal in the following manner:

3.

As he was aged 28, in the light of the decision in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, (2009) ACJ 1298 : AIR 2009 SC 3104 : (2009) CLT 1055 : (2009) 6 JT 495 : (2009) 6 SCALE 129 : (2009) 6 SCC 121 : (2009) 5 SCR 1098 : (2009) 5 UJ 2280 : (2009) AIRSCW 4992 : (2009) 3 Supreme 487 the multiplier will have to be reckoned based on the age of the victim. The multiplier going by the said judgment is 17, which we adopt. Since it was claimed that he was a driver and a businessman it will be safe to adopt Rs. 4,000/- for calculating the compensation. The compensation under the other heads also requires enhancement and we re-fix the same in the following manner:

The enhanced compensation will carry interest at the rate of 9% from the date of petition till realisation. The insurance company has already been found liable to indemnify the owner.

The enhanced amount will be shared equally as already directed by the Tribunal.

There will be a direction to the Insurance Company to deposit the amount of compensation, with interest less the amount already deposited, before the Tribunal within a period of three months and we permit the claimants to withdraw the amount after the same is deposited by the Insurance Company.

The appeal is accordingly allowed. There will be no order as to costs in the appeal.