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 16TH FEBRUARY 2011 / 27TH MAGHA 1932 MACA.No. 622 of 2005() --------------------------------- OP(MV) .1417/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANTS/PETITIONERS: ------------------------------------------------------------------ 1. DAISY, W/O.TOMY, MANICKATHU HOUSE, PERUMBAIKKATTUSSERRY KARA, PERUMBAIKADU VILLAGE, KOTTAYAM. 2. AMAL TOM, DO....DO.....DO..... 3. SACHIN TOM OF ...DO....DO..... 4. JACOB MATHEW OF ...DO...DO..... 5. ROSAMMA MATHEW OF ....DO.....DO..... ( MINOR PETITIONERS 2 AND 3 ARE REPRESENTED BY NEXT FRIEND AND GUARDIAN 1ST PETITIONER) BY ADV. SRI.V.K.SUNIL RESPONDENT(S): RESPONDENTS: -------------------------------------------------- 1. M.AMANULLAH KHAN, NO.70, PONNAPPA MUDALI ST., PURASSAIVALKAM, CHENNAI-84. 2. UNITED INDIA INSURANCE CO.LTD., 14 WHITES ROAD, MADRAS. 3. A.CHINNAIAH, S/O.ARUMUGAN, NO.2/120, S.V.MANGALAM VILLAGE & POST, THIRUPATTUR DISTRICT. R2 BY ADV. SRI.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 622 of 2005 =~=~=~=~=~=~=~=~=~=~=~==~=~=~=~= Dated this the 16th day of February, 2011 JUDGMENT Barkath Ali, J. Appellants are the claimants in O.P.(MV) No. 1417/1998 on the file of the Motor Accidents Claims Tribunal, Kottayam. They are the wife, two minor children and parents of deceased Tomy Mahew who died in a motor accident. In this appeal they challenge the judgment and award of the Tribunal dated May 27, 2003 awarding a compensation of Rs.2,89,000/- for the loss caused to them on account of the death of the deceased in a motor accident. 2. The accident occurred on March 5, 1998 at about 8.30 a.m. at Perumbaikadu. While deceased Tomy Mathew was riding a scooter, he was knocked down by a lorry bearing registration No.TCF 7749 driven by the 3rd respondent. He sustained very serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the 3rd respondent, the claimants filed the O.P. before the Tribunal claiming a compensation of Rs.8,00,000/- for the loss caused to them on account of the death of Tomy Mathew in the accident. MACA 622/2005 2 3. Respondents 1 to 3 are the owner, insurer and driver of the offending lorry. The 2nd respondent insurer of the offending lorry filed a written statement admitting the policy of the vehicle but attributed negligence to the deceased. PWs.1 and 2 were examined and Exts. A1 to A8 were marked on the side of the claimants. No evidence was adduced by the respondents. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to the negligence of the 3rd respondent and awarded a total compensation of Rs.2,89,000/- with interest @ 9% per annum from the date of petition till realization and a cost of Rs.3,500/-. The claimants have come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 4. Heard the learned counsel for the claimants and the learned counsel for Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the 3rd respondent driver of the offending lorry is not challenged in this appeal. Therefore, the only question, which arises for MACA 622/2005 3 consideration, is whether the claimants are entitled to any enhanced compensation ? 6. The Tribunal awarded a total compensation of Rs.2,89,000/-. Break up of the compensation awarded is as under:- Loss of dependency : Rs.2,56,000 Pain and suffering : Rs. 10,000 Loss of consortium, love : Rs. 20,000 and affection. Funeral expenses : Rs. 2,000 Transportation : Rs. 1,000 ------------------ Total : Rs.2,89,000 ======== 7. The learned counsel for the appellants sought enhancement of compensation awarded by the Tribunal for the loss of dependency, for loss of love and affection and on other heads. 8. The Tribunal took the monthly income of the deceased as Rs.2,000/-, which comes to Rs.24,000/- per annum, and after deducting 1/3rd for his personal expenses, balance amount of Rs.16,000/- per annum was taken as his annual contribution to MACA 622/2005 4 his family, adopted a multiplier of 16 and awarded a compensation of Rs.2,56,000/- towards the loss of dependency. The deceased was a photographer earning Rs.5,000/- per month, according to the claimants. PW2 is his employer. Taking into consideration, these aspects, we feel that monthly income of the deceased can reasonably be fixed at Rs.3,000/-. After deducting 1/3rd for his personal expenses balance amount of Rs.2,000/- per month can be taken as his contribution to his family. Multiplier of 16 adopted by the Tribunal is not seriously challenged in this appeal. Therefore, for loss of dependency the claimants are entitled to a compensation of Rs.3,84,000/- (Rs.2,000/- x 12 x 16). Thus, the claimants are entitled an additional compensation of Rs.1,28,000/- on this count. 9. The Tribunal awarded Rs.20,000/- for loss of consortium and loss of love and affection. Taking into consideration the age of the deceased and age of the claimants, we feel that Rs.40,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore,we are not disturbing the same. MACA 622/2005 5 Regarding the apportionment of the compensation amount and disbursement of the same, the direction of the Tribunal will stand. 10. In the result, the claimants are found entitled to additional compensation of Rs.1,48,000/- with interest @ 7.5% p.a. from the date of petition till realization and proportionate costs. The second respondent Insurance Company shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimants. The award of the Tribunal is modified to the above extent. In the result, the appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.