IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 MACA.No. 1336 of 2006 ----------------------- OPMV.625/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): CLAIMANTS AND ADDL. CLAIMANT 4 -------------- 1. BALAMANY, 48 YEARS, W/O.DAMODARAN @ RAJAN, ANUPAMA,KALADI P.O., KANDANAKAM, EDAPPAL, PONNANI TALUK, MALAPPURAM. 2. ARUN, AGED 21 YEARS, S/O.LATE DAMOIDHARAN @ RAJAN, ANUPAMA,KALADI P.O., KANDANAKAM, EDAPPAL, PONNANI TALUK, MALAPPURAM. 3. ANU, AGED 15 YEARS, D/O.LATE DAMODARAN @ RAJAN, ANUPAMA, KALADI P.O.,KANDANAKAM. EDAPPAL, PONNANI TALUK, MALAPPURAM. 4. ADDL. CLAIMANT-4. KUNJUKUTTY AMMA, W/O.LATE GOVINDAKURUP, KOTTILIKKAL HOUSE, KALADY, EDAPPAL P.O. BY ADV. SRI.PROMY KAPRAKKATT SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.P.K.BEENA RESPONDENT(S): RESPONDENTS --------------- 1. MURUKESAN, 31 YEARS, S/O.LAKSHMANAN, 7/78, AMMAL EARY ROAD, DADAGAPALLI, SALEM-6, SALEM DISTRICT, TAMIL NADU, (DRIVER). 2. K.SELVAMBAL, W/O.KRISHNASWAMI, 403, NAVALAR NEDUMCHEZHIYAN SALAI, MAIN ROAD, SIVAPETT, SALEM-2, TAMIL NADU (0WNER). 3. THE NEW INDIA ASSURANCE CO. LTD, B.K.BUILDINGS, 2ND FLOOR, NO.7, RAMALAINGAMADALIYA STRET, GUGAI, SALEM-6, SALEM DISTRICT, TAMIL NADU MACA.No. 1336 of 2006 -2- 4. THE PRESIDENT, INDIAN JUNIOR CHAMBER, PONNANI, MALAPPURAM DISTRICT. (OWNER OF VECHICLE NO.KL-10 A 8866). 5. THE NEW INDIA ASSURANCE COMPANY LTD, PONNANI, MALAPPURAM DISTRICT (POLICY NO.3176020384280).(INSURER OF VEHICLE NO.KL-10 A 8866). ADV. SRI.PMM.NAJEEB KHAN FOR R3 & R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A.1336 of 2006 ------------------------------------------------------ Dated: FEBRUARY 10, 2010 JUDGMENT Barkath Ali, J. In this appeal by the claimants under sec.173 of the Motor Vehicles Act, the wife, children and mother of deceased Damodaran challenges the judgment and award of the Motor Accidents Claims Tribunal, Tirur in OP(MV) 625/2000 dated August 12, 2004 awarding a compensation of Rs.4,64,500/- for the loss caused to them on account of the death of deceased in a motor accident. 2. The facts in brief are these:- Deceased Damodaran @ Rajan was aged 45 and was a ready made vendor earning about Rs.5000/- per month. On April 22, 1996 at about 8 a.m. he sustained injuries in a motor accident which has taken place near Vinayaka Engineering College, Salem in Tamil Nadu. While he was taken to the Ramayya Hospital at Mangalore in an ambulance bearing registration No.KL- 10A/8866, another vehicle bearing registration No.TN-27/B/9466 came at a high speed and dashed against the ambulance. Damodaran sustained serious injuries and was taken to the Government Mohankumaramangalam Medical College Hospital, Salem from where he died. The appellants/claimants have claimed a compensation of Rs.10 lakhs. 3. Respondents 1 to 3 in the OP and in this appeal, and the MACA 1336/06 2 driver, the owner and the insurer of the vehicle bearing registration No.TN-27/B/9466. Respondents 1 and 2 remained absent and were set ex parte. The 3rd respondent filed a written statement admitting the policy and contending that the accident occurred due to the negligence on the part of the driver of the other vehicle. The 4th respondent, owner of the ambulance van, also remained absent and was set ex parte. The 5th respondent, insurer of the said van, filed a written statement admitting the policy and contending that the accident occurred due to the negligence on the part of the driver of the other vehicle. 4. The 1st claimant in the OP, wife of the deceased, was examined as PW.1 before the Tribunal and Exts.A1 to A5 were marked on the side of the claimants. No evidence was adduced by the contesting respondents 3 and 5. 5. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence on the part of the 1st respondent, the driver of the vehicle bearing registration No. TN- 27/B/9466 and granted a compensation of Rs.4,64,500/-. 6. In this appeal respondents 3 and 5, insurer of the offending vehicle, entered appearance. The other respondents did not appear. Notice to respondents 1 and 2 were dispensed with as the award was passed against the 3rd respondent, insurer of the offending vehicle. 7. Heard the counsel for the appellants/claimants and the MACA 1336/06 3 contesting 3rd respondent, Insurance Company of the offending vehicle. 8. The accident was not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 1st respondent, driver of the offending vehicle bearing registration No. TN- 27/B/9466 was also not challenged in this appeal. Therefore the only question for consideration is whether the appellants/claimants are entitled to any enhanced compensation. 9. The Tribunal awarded a compensation of Rs.4,50,000/- for the loss of dependency and Rs.14,500/- for loss of consortium, totalling to Rs.4,64,500/-. According to PW.1 the deceased was aged 40 and was doing textile business and used to earn Rs.6000/- per month. The Tribunal took the age of the deceased as 40 - 45 and his income as Rs.3750/- per month. After deducting 1/3rd for his personal expenses, his monthly contribution was assessed at Rs.2500/- per month and adopted a multiplier of 15. To prove the income, the appellants/claimants have produced Ext.A4 receipts for income tax remitted. It was also testified by PW.1, the wife of the deceased, that the deceased was waiting for Green Card for stay in America. Taking into consideration all these aspects, we feel that the monthly income of the deceased can be reasonably estimated at Rs.5000/- per month. After deducting 1/3rd towards his personal expenses, his monthly contribution to his family would be Rs.3350/- (5000 - 1650) which MACA 1336/06 4 works out to Rs.40,200/- for one year. The multiplier of 15 adopted by the Tribunal is not seriously disputed. Thus calculated, towards loss of dependency, the compensation comes to Rs.6,03,000/-. Therefore on this count the claimants are entitled to an additional compensation of Rs.1,50,000/-. 10. The Tribunal awarded Rs.14,500/- towards pain and suffering, funeral expenses, loss of estate, love and affection etc. We feel that on this count, the compensation of Rs.20,000/- would be reasonable. Thus, on this count the claimants will be entitled to an additional compensation of Rs.5,500/-. 11. Thus, the appellants/claimants are entitled to an additional compensation of Rs.1,55,500/-. They are entitled to interest at the rate of 7.5% per annum from the date of petition till realisation. For the compensation already awarded also, they are entitled to interest at the rate of 7.5% per annum from the date of petition till realisation. The 3rd respondent, insurer of the offending vehicle, shall deposit the amount before the Tribunal within one month from this date. The appeal is disposed of as found above. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-